Minneapolis & St. L. R. Co. v. Town of Britt

• Decision Date: 09 April 1898
• Citation: 74 N.W. 933,105 Iowa 198
• Parties: MINNEAPOLIS & ST. L. R. CO. v. TOWN OF BRITT ET AL.
• Court: Iowa Supreme Court

105 Iowa 198

74 N.W. 933

MINNEAPOLIS & ST. L. R. CO.

v.TOWN OF BRITT ET AL.

Supreme Court of Iowa.

April 9, 1898.

Appeal from district court, Hancock county; P. W. Burr, Judge.

Suit in equity to quiet title to certain land used by the plaintiff as a right of way and depot grounds within what is now the incorporated town of Britt. The town answered, denying the ownership in plaintiff of certain strips of land crossing the said right of way and depot grounds; claiming that these strips were dedicated to and accepted by the town and the public as streets and alleys. The trial court quieted plaintiff's title to certain of the land, but, as to other parts of it, held that it constituted a part of the streets and alleys dedicated to the public, and that plaintiff had no interest therein. Both parties appeal. As plaintiff first perfected its appeal, it will be called appellant. Modified.R. M. Wright and H. H. Bush, for appellant.

Ripley & Kelly, for town of Britt.

DEEMER, C. J.

On the 10th day of January, 1879, John E. Anderson and wife made what purports to be a plat of certain lands in Hancock county, calling the same “Anderson's Second Addition to the Town of Britt.” Thereafter, and on the 10th day of June, 1880, one Lattimore made a plat of lands immediately adjoining the Anderson tract, on the east side thereof. On the 7th day of September, 1880, Anderson and wife conveyed, by metes and bounds, and without reservation, a strip of land running from northeast to southwest through his said second addition, to the appellant's grantors. This strip crosses what are designated upon the so-called Anderson plat as Hancock, Water, and another unmarked strip of land, called in the record, for the purpose of identification, X street, running north and south, and Seventh, Eighth, and Ninth streets, running east and west. The Lattimore plat recognizes and dedicates the ground occupied by the appellant for its right of way and depot grounds, and no controversy exists as to any part of the land covered thereby, save a small portion in what is called X street. This action is to quiet plaintiff's title to the so-called streets and alleys covered by the Anderson plat, which cross its right of way and depot grounds. The trial court quieted plaintiff's title in so far as it relates to Seventh street, and that part of the unnamed street between Water street and Grant street, where the same crosses the right of way, except that the crossing, as now used by the public, across said right of way along and across to Eighth street, and from the southwest corner of the depot platform, be kept open by the plaintiff, as it is now traveled and used. It further decreed that the other streets in controversy, to wit, Hancock street, Water street, Eighth street, and Ninth street, are public highways, with the right of the public to pass across and over plaintiff's right of way and depot grounds where said streets, to wit, Hancock street, Water street, and Eighth and Ninth streets, cross the same. From what we have said, it is apparent that if the plat made by Anderson and wife operated, in itself, or by reason of the acceptance of any dedication of lands therein to the public, as a transfer of the title to such lands, then appellant is not entitled to the relief prayed, unless by reason of estoppel or adverse possession. The first question which arises, then, is, was there a sufficient dedication of these co-called streets to the public? Appellant argues that there was not a sufficient statutory dedication, and that the claim of common-law dedication is not sustained, because no evidence of acceptance is shown. The statutory requirements with reference to plats are as follows: Section 559, Code 1873: “The * * * owner * * * of any tract or parcel of land * * * who shall hereafter subdivide the same * * * shall cause a plat of such subdivision, with references to known or permanent monuments, to be made, which shall accurately describe all the subdivisions of such tract or parcel of land, numbering the same by progressive numbers and giving the dimensions and length and breadth thereof, and the breadth and courses of all streets and alleys established therein.” Section 560 of the same Code provides for the signing, acknowledgment,...