Jackson v. Snyder
| Decision Date | 06 April 1926 |
| Docket Number | 36985 |
| Citation | 208 N.W. 321,202 Iowa 262 |
| Parties | F. S. JACKSON, Appellee, v. GEORGE F. SNYDER et al., Appellants |
| Court | Iowa Supreme Court |
REHEARING DENIED SEPTEMBER 24, 1926.
Appeal from Linn District Court.--F. L. ANDERSON, Judge.
George F. Snyder and Nicke E. Marte and their wives appeal from a decree quieting title.
Reversed.
L. D Dennis, for appellants.
Crissman & Linville, for appellee F. S. Jackson.
Charles Penningroth and George E. Farmer, for appellee and cross-petitioner City of Cedar Rapids.
MORLING J. DE GRAFF, C. J., and EVANS and ALBERT, JJ., concur.
I.
The subjects of this litigation are the boundary lines between the appellants' lots and Morton Street on the west, and between those lots and plaintiff's unplatted property on the east. The lots are in Central Park Second Addition to Cedar Rapids. This addition consists of two parallel tiers of lots, extending north and south, and separated by Morton Street. The lots are platted as 120 feet in length east and west. Appellant Snyder owns Lots 1 to 8, being the north 8 lots of the 24 in the east tier. Marte owns Lots 22 and 23, near the south end of the tier. The undisputed evidence is that the east fence of Snyder's lots, as Snyder claims the lots to be, is practically on the line as the addition was actually platted, many years ago. Plaintiff claims that the line between his land and this addition was marked for many years by a fence, the location of which should be established as the boundary by acquiescence. We find no satisfactory evidence of the period of existence, or of an actual and definite location of such a fence, as marking the east line of the lots now owned by Snyder, for the statutory period. There is evidence that plaintiff and his predecessors in title considered the fence as on their west line, and as marking the boundary. There is no sufficient evidence that the owners of the lots had notice of the claim of the owners of plaintiff's property that the fence marked the boundary, and that they consented or acquiesced in its location as such, for the required period. No case of acquiescence has been made. Davis v. Angerman, 195 Iowa 180, 192 N.W. 129.
II. Morton Street has been used and worked to an uncertain extent for a number of years. Buildings of some sort have been erected along both sides of it, without much reference to the platted location of the lines. The city engineer attempted to locate the street from the improvements. He says that, if the improvements to the westward of the street were too far eastward, so as to interfere with the westerly line of the street, he endeavored to run the street lines so as not to interfere with the property on the west any more than on the east. In laying out the street, he used none of the "points" set forth in the recorded plat. In this operation he ran the east line of Morton Street so that it would cut about 7 feet off the west end of Snyder's lots, as Snyder had them fenced, thereby also cutting off a part of his house. Snyder says that his buildings were erected in the spring of 1914, which was less (though his west line fence, erected 2 years earlier, was there more) than 10 years before the action was commenced. He says he put his west fence on the line that the "city gave him" as the property line, and that no objections were ever made on the part of the city. He claims, therefore, that his street line has been established by acquiescence on the part of the city, and also by estoppel. His evidence, however, is altogether insufficient to...
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