Heinrichs v. Terrell
Supreme Court of Iowa
Appeal from Johnson Cwauit Court. The petition states that the plaintiff is the owner of the following described real estate: “ Twenty acres off the north side of twenty-five acres off the south side of lot No. seven, (7,) of section No. thirty-three, (33,) township No. eighty, (80,) north, of range No. six west,” and that the defendant entered thereon, and “trod down the grass and dug holes in the ground,” to the damage of the plaintiff.
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Appeal from Johnson Cwauit Court. The petition states that the plaintiff is the owner of the following described real estate: “ Twenty acres off the north side of twenty-five acres off the south side of lot No. seven, (7,) of section No. thirty-three, (33,) township No. eighty, (80,) north, of range No. six west,” and that the defendant entered thereon, and “trod down the grass and dug holes in the ground,” to the damage of the plaintiff. The defendant denied the allegations in the petition, and pleaded that he owned the premises on which the alleged trespass was committed, and that he had…
1Opinion of the CourtSeevers, J.
l. trespass: tulef'dSective deed. I. The Iowa river runs through section thirty-three, and, as we understand, the section was sub-diinto by the government. For the purPose determining certain questions in relation the admission of evidence, it will be assumed *27that the plaintiff owns lot seven, and the defendant lot six. The latter abuts on the former on the east. The real controversy relates to the boundary line between these two tracts of land.
The plaintiff, however, under the issue, assumed the burden of proving title in himself. For this purpose he offered in evidence a deed from John Buck…
2Cases cited3 opinions
- Barr v. HackSupreme Court of Iowa · 1877
- Hiatt v. KirkpatrickSupreme Court of Iowa · 1878
- Bader v. ZeiseWisconsin Supreme Court · 1878
3Cited by10 opinions
- Miller v. Mills CountySupreme Court of Iowa · 1900
- Stevenson v. PolkSupreme Court of Iowa · 1887
- Rudd v. DeweySupreme Court of Iowa · 1903
- Day v. Mill-Owners' Mutual Fire InsuranceSupreme Court of Iowa · 1888
- Fairley v. FalconSupreme Court of Iowa · 1927
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