City of Lake City v. Fulkerson
| Court | United States State Supreme Court of Iowa |
| Writing for the Court | SHERWIN, J. |
| Citation | 98 N.W. 376,122 Iowa 569 |
| Parties | CITY OF LAKE CITY, IOWA, Appellant, v. CYRUS FULKERSON, et al |
| Decision Date | 03 February 1904 |
98 N.W. 376
122 Iowa 569
CITY OF LAKE CITY, IOWA, Appellant,
v.
CYRUS FULKERSON, et al
Supreme Court of Iowa, Des Moines
February 3, 1904
Appeal from Calhoun District Court.--HON. S. M. ELWOOD, Judge.
SUIT in equity to quiet the title to the vacated portion of a certain street. In 1887 the defendant Fulkerson platted an addition to the plaintiff city, which was duly executed and recorded, and which dedicated to public use Oak street, a street fifty feet wide, running east and west through said addition. In May, 1892, Fulkerson and the other appellees petitioned the city council for the vacation of that part of Oak street between blocks 4 and 5 and blocks 6 and 7 in said addition, and thereupon the council vacated that part of the street by an ordinance duly adopted and recorded. The defendants other than Fulkerson are owners of property abutting the vacated portion of the street. Fulkerson claimed in his answer that the title thereto reverted to him upon its vacation, and set up other defenses, while the other defendants pleaded various defenses, including adverse possession. There was a judgment for the defendants, and the plaintiff appeals.
Reversed.
Hutchinson & Jacobs for appellant.
No appearance for appellees.
OPINION [98 N.W. 377]
[122 Iowa 570] SHERWIN, J.
As the appellees have not argued the case we do not know upon what they rely to sustain the judgment below. The dedication of the street to public use seems to have been full and unreserved, and to have been recognized and accepted by the plaintiff, which was at that time an incorporated town. Under section 996, McClain's Code, the acknowledgement and recording of such plat was equivalent to a deed in fee simple of the land therein set apart for [122 Iowa 571] streets or other public use; and we have held that, where such an unrestricted dedication has been made, it does in fact vest an absolute title in the municipality, and that, upon the vacation of a street so conveyed, the title thereto does not revert to the original owner. McDunn v. City of Des Moines, 34 Iowa 467; Pettingill v. Devin, 35 Iowa 344; Day v. Schroeder, 46 Iowa 546. That the town had the power to vacate the street cannot be questioned (McClain's Code, section 623; Marshalltown v. Forney, 61 Iowa 578, 16 N.W. 740), and its vacation upon the petition of the defendants estops them from now questioning the exercise of such power. Having conveyed to the municipality the fee of the street, it...
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Hubbell v. City of Des Moines, 30131
...v. Forney, 61 Iowa 578, 16 N.W. 740; Harrington v. Iowa Cent. R. Co., 126 Iowa 388, 102 N.W. 139; City of Lake City v. Fulkerson, 122 Iowa 569, 98 N.W. 376; Walker v. City of Des Moines, 161 Iowa 215, 142 N.W. 51. Therefore, we find not only that the statute confers, but judicial authority ......
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Louden v. Starr, 29553
...of Marshalltown v. Forney, 61 Iowa 578, 16 N.W. 740; Harrington v. Railway Company, 126 Iowa 388, 102 N.W. 139; Lake City v. Fulkerson, 122 Iowa 569, 98 N.W. 376, and Walker v. City of Des Moines, 161 Iowa 215, 142 N.W. 51. Code Sec. 883, in defining the powers of cities and towns, provides......
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Kelroy v. City of Clear Lake, 45963.
...Elec. Co., 206 Iowa 533, 537, 220 N.W. 315. See, too, McKinney v. Rowland, 197 Iowa 180, 184, 185, 197 N.W. 88; Lake City v. Fulkerson, 122 Iowa 569, 98 N.W. 376; Blennerhassett v. Forest City, 117 Iowa 680, 683, 91 N.W. 1044. The question before us, which was decided in the Incorporated To......
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City of Cedar Rapids v. Marshall, 35990
...Des Moines Ind. Sch. Dist. v. McClure, supra; Hull v. City of Cedar Rapids, 111 Iowa 466, 83 N.W. 28; City of Lake City v. Fulkerson, 122 Iowa 569, 98 N.W. 376; City of Cedar Rapids v. Young, 119 Iowa 552, 93 N.W. 567. We find nothing in the record to sustain appellants' claim of estoppel; ......
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Hubbell v. City of Des Moines, 30131
...v. Forney, 61 Iowa 578, 16 N.W. 740; Harrington v. Iowa Cent. R. Co., 126 Iowa 388, 102 N.W. 139; City of Lake City v. Fulkerson, 122 Iowa 569, 98 N.W. 376; Walker v. City of Des Moines, 161 Iowa 215, 142 N.W. 51. Therefore, we find not only that the statute confers, but judicial authority ......
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Louden v. Starr, 29553
...of Marshalltown v. Forney, 61 Iowa 578, 16 N.W. 740; Harrington v. Railway Company, 126 Iowa 388, 102 N.W. 139; Lake City v. Fulkerson, 122 Iowa 569, 98 N.W. 376, and Walker v. City of Des Moines, 161 Iowa 215, 142 N.W. 51. Code Sec. 883, in defining the powers of cities and towns, provides......
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Kelroy v. City of Clear Lake, 45963.
...Elec. Co., 206 Iowa 533, 537, 220 N.W. 315. See, too, McKinney v. Rowland, 197 Iowa 180, 184, 185, 197 N.W. 88; Lake City v. Fulkerson, 122 Iowa 569, 98 N.W. 376; Blennerhassett v. Forest City, 117 Iowa 680, 683, 91 N.W. 1044. The question before us, which was decided in the Incorporated To......
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City of Cedar Rapids v. Marshall, 35990
...Des Moines Ind. Sch. Dist. v. McClure, supra; Hull v. City of Cedar Rapids, 111 Iowa 466, 83 N.W. 28; City of Lake City v. Fulkerson, 122 Iowa 569, 98 N.W. 376; City of Cedar Rapids v. Young, 119 Iowa 552, 93 N.W. 567. We find nothing in the record to sustain appellants' claim of estoppel; ......