Home/Supreme Court of Iowa/Clear Lake Amusement Corp. v. Lewis

Clear Lake Amusement Corp. v. Lewis

18 N.W.2d 192, 236 Iowa 132, 1945 Iowa Sup. LEXIS 444
CourtSupreme Court of Iowa
DecidedApril 3, 1945
DocketNo. 46658.
StatusPublished
Cited by5 cases

This text of 18 N.W.2d 192 (Clear Lake Amusement Corp. v. Lewis) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clear Lake Amusement Corp. v. Lewis, 18 N.W.2d 192, 236 Iowa 132, 1945 Iowa Sup. LEXIS 444 (iowa 1945).

Opinion

Oliver, J.

In 1915 the county auditor of Cerro Gordo County, Iowa, filed an auditor’s plat of two government lots *133 in a certain section, etc., of said county. This auditor’s plat is called Bayside, Clear Lake, Iowa. The north line of Bayside is the shore line of Clear Lake, which at said place runs in a northwest-and-southeast direction. In this portion of Bayside are Block 4 on the east, Block 5 in the center, and Block 6 on the west.' Block 5 is separated from Block 6 by Oakwood Avenue and from Block 4 by Bayside Avenue. Each avenue is thirty feet wide and runs north and south. At their northerly ends these avenues curve together and form a loop, or horseshoe curve, the outside of which reaches the shore of Clear Lake at a place north of Block 5. This leaves*two small triangular strips of land, each of which is bounded by Clear Lake on the north, and the outside of the horseshoe curve formed by the avenues on the south. The east line of one of said triangles is formed by part of the west line of Lot 1 in Block 4 and the west line of the other triangle by part of the east line of Lot 5 in Block 6. These two small triangular strips of land are the property involved in this suit. They are not identified by letters or figures upon the original plat, but, for convenience, we have caused them to be marked with the letters A and B upon the subjoined copy of a portion of said plat.

At the time of the plat Ira W. Jones owned all the property. Through conveyances from Jones, Boy Stanfield and B. G. Pierce became the owners of Blocks 4, 5, and 6 in Bayside. Thereafter Stanfield conveyed to Pierce. In 1920 Pierce conveyed to Clear Lake Park Company. Shortly prior thereto a title examiner for Clear Lake Park Company had questioned the descriptions in the prior conveyances, stating that the auditor’s plat was for taxation purposes only and a conveyance by such description might not be valid. At said time Jones gave a quitclaim deed to all of the government lot lying north of the east- and-west public highway which bounded Blocks 4, 5, and 6 on the south, to perfect the title of Pierce'and Stanfield. The deed from Pierce to Clear Lake Park Company described the property as Blocks 4, 5, and 6, Bayside, and also all of the government lot lying north of said east-and-west highway.. That the strips of land in controversy are a part of Baysi'de and álso that title thereto'passed to Clear Lake Park Company are not open to serious question.

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Bluebook (online)
18 N.W.2d 192, 236 Iowa 132, 1945 Iowa Sup. LEXIS 444, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clear-lake-amusement-corp-v-lewis-iowa-1945.