172 Iowa 352 | Iowa | 1915
The' alleys in question appear upon the recorded plat as a part of Block 1 of .Lamb & Kennedy’s Addition to the town of Newton. This plat was filed and recorded in 1855, before the incorporation of the town. The plaintiff claims to have occupied said alleys under claim of ownership for more than 30 years, and to have built valuable improvements thereon. She claims that, though such alleys appeared on the plat of the addition, the city, in fact, never accepted the same; or, if there was an original acceptance, that the city abandoned the same by failing to improve or to use the same; and, further, that she and her grantors have built valuable improvements upon such alleys with the knowledge and acquiescence of the city, and that an estoppel against the city has been thereby created. The following is a plat of Block 1 as at present occupied:
Some time after filing the above plat, a special act was passed by the sixth general assembly, being Chapter 122, providing for the organization of the town of Newton, subject to the vote of the electors at an election to be called for that purpose. This provided for the incorporation into a town of all of the platted portion of Newton, Iowa, with all its additions. An election being held which resulted in favor of incorporation, the formal organization of the municipality as an incorporated town was had. It existed as an incorporated town until 1876, at which time it was organized as a city of the second class. Several of the streets of Lamb & Kennedy’s Addition came into immediate use and more or less improvement. As early as 1865, sidewalks were ordered by the town
It is our conclusion, therefore, that an estoppel should be found against the defendant city as to such north alley.
The facts here set forth could not be deemed a revocation of the alleys. Even if these mesne grantors had power to
In explanation of the form of her own conveyance to the Vaughns in 1912, plaintiff testified that she had an oral agreement with her grantees, giving to them the personal right to use the south half of the south alley for access to their property; but that such right was to be limited to them alone and was not to be extended to the public. This agreement was entered into, according to her testimony, not at the time of the conveyance but some time afterwards, and after a house or, houses had been erected upon the premises.The only materiality of this testimony for the purpose of this case is its tendency to explain the plaintiff’s form of conveyance and render the same consistent with her present claims. It is not persuasive to this end.
In the light of our previous decisions, we think the circumstances appearing in the record are sufficient evidence of acceptance, and that the claim of nonacceptance is not available to the plaintiff. City of Des Moines v. Hall, 24 Iowa 234, 243; McClenehan v. Town of Jesup, 144 Iowa 352. In the latter case, we said:
“In other words, the acceptance of the- dedication of the fplat by the public is sufficiently evidenced by the iact that the town has been built thereon, and its streets and alleys have been, used and treated as public highways to the extent of the reasonable needs of the population and by extending*360 the opening and improvement of the streets to the limits of the plat as the growth of population called for such improvement.”
We reach the conclusion, upon the whole record, that the plaintiff is entitled -to maintain her occupancy of the west alley up to the west line of the intersection, and of the north alley down to the north line of such intersection, and that the defendant city is entitled to open the south and east alleys and the intersection. The decree entered below will be accordingly modified. — Modified and Affirmed.