Kitzman v. Greenhalgh
| Decision Date | 18 February 1914 |
| Parties | WILLIAM G. KITZMAN, Plaintiff and Appellant, v. ROBERT GREENHALGH, FLORA M. GREENHALGH, LEWIS SNARE, MARY SNARE, Defendants and Appellees |
| Court | Iowa Supreme Court |
Appeal from Keokuk District Court.--HON. K. E. WILLCOCKSON, Judge.
ACTION to quiet title to a certain piece of land in the village of Janetown, which had formerly been used for road purposes, but which, before the commencement of the action, had been vacated.--Reversed.
Reversed and Remanded.
Stockman & Baker, for appellant.
D. W Hamilton, for appellees.
OPINION
GAYNOR J.
The plat of the original village of Janetown was in the S. E. 1/4 of section 33, township 77, range 13. On the 4th day of October, 1882, one Abraham Carl was the owner of the S.W. 1/4 of the S.W. 1/4 of section 34 in the same township, and on that date duly platted a strip along the west side of the same, and filed said plat in the office of the recorder of Keokuk county, from which plat it appears that the platted ground was divided into four blocks, and those blocks subdivided into lots, with streets running east and west through the platted land, and one street, sixty feet wide running north and south along the east of the platted ground, known as Fred street. The platted ground included approximately the west ten acres of said forty, and the street known as Fred street included fifty-six feet of the east thirty acres of said tract. The street was sixty feet wide. Therefore four feet of Fred street was taken from the ten acres platted, and fifty-six feet from the thirty acres. Said plat was known as Carl's addition to Janetown. On August 31, 1901, Carl, the original owner of said forty, conveyed the east thirty acres thereof to appellant, Kitzman, by warranty deed, which deed was duly recorded in November, 1901. In September, 1902, Carl quitclaimed to appellee Robert Greenhalgh all his interest in the lots in Carl's addition to Janetown, and also his right, title, and interest in the streets and alleys in said addition to Janetown. Subsequently, and on the 26th day of April, 1904, the defendant Greenhalgh prepared and signed the following instrument, which was duly acknowledged and duly filed for record in the recorder's office of said county, on the 3d day of June, 1904: "know all men by these presents, that we the undersigned the owners and proprietors of all of blocks one (1) two (2) and three (3) in Carl's addition to the village of Janetown, Keokuk county, Iowa; the plat of which Carl's addition to Janetown, is on file in the office of the recorder of said county, and recorded in Plat Book 1, page 281, and we do hereby declare all of the streets and alleys going through said blocks except Main street, vacated." Subsequently, and on August 21, 1909, he filed in the office of recorder, the following instrument: "Know all men by these presents that we the undersigned owner and proprietor of all of block four in Carl's addition to the village of Janetown, Keokuk county, Iowa the plat of which is on file in the office of the recorder of said county, and recorded in Plat Book 1 on page 281, and I do hereby declare all of the streets and alleys surrounding said block and those streets and alleys going through said block, except Main street, vacated." On the 21st day of July, 1909, plaintiff, with others, filed the following petition with the auditor of said county, which petition was duly granted on November 9, 1909: "To the Honorable Board of Supervisors of Keokuk County, State of Iowa: The undersigned ask that a street commencing at the southwest corner of the east thirty (30) acres of the southwest quarter of the southwest quarter of section thirty-four (34), township seventy-seven (77), range thirteen (13) west in Keokuk county, Iowa and running thence north eighty (80) rods, and comprising the west four rods of the said thirty-acre tract above described, and which said street or highway has been heretofore known as Fred street in Carl's addition to the village of Janetown, be vacated." The controversy in this case involves the right to Fred street. Plaintiff claims title to the entire street under his deed of the east thirty acres, dated August 31, 1901. Defendant claims title to this Fred street under his quitclaim deed dated September, 1902, hereinbefore referred to. The court below entered a degree in favor of the plaintiff, for the east thirty feet of Fred street, and in favor of the defendant for the west thirty feet. From this decree, the plaintiff appeals.
It is conceded that the village of Janetown is not now, and never has been, incorporated.
Section 638 of the Code provides that municipal corporations referred to in this title, shall be divided into cities of the first class, cities of the second class, and towns. Town sites, platted and...
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