McCaskey v. Ft. Dodge, Des Moines & Southern Railway Co.
Supreme Court of Iowa
Appeal from Boone District Court — Hon. R. M. Wright, Judge. In separate proceedings for the eodemnation by defendant of a right of way through two farms, each consisting of a tract of one hundred and sixty acres, it appeared that there was a life estate in each farm belonging to Elise D. McCaskey as widow of H. A. McCaskey, deceased, who had at one time been the owner in fee of both farms, and that the remainder was in these plaintiffs as heirs of said H. A. McCaskey.
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Appeal from Boone District Court — Hon. R. M. Wright, Judge. In separate proceedings for the eodemnation by defendant of a right of way through two farms, each consisting of a tract of one hundred and sixty acres, it appeared that there was a life estate in each farm belonging to Elise D. McCaskey as widow of H. A. McCaskey, deceased, who had at one time been the owner in fee of both farms, and that the remainder was in these plaintiffs as heirs of said H. A. McCaskey. The commissioners appointed by the sheriff to assess the damages made separate findings as to the damages to the life estate…
1Opinion of the CourtMcClain, C. J.
The two applications made by the defendant to the sheriff for condemnation of right of way through the two separate farms, in each of which farms Elise D. McCaskey held a life estate and these plaintiffs held the remainder as tenants in common, resulted in one finding hy the commissioners fixing separately' the damage to the life estate and the damage to plaintiffs’ remainder in both farms. On the appeal from these findings, there has been no contention that there was error in not treating the two tracts as constituting one farm, or, on the other hand, in assessing a lump sum by way of…
2Cases cited8 opinions
- Perry v. KasparSupreme Court of Iowa · 1901
- Kearney v. FitzgeraldSupreme Court of Iowa · 1876
- Guinn v. Iowa & St. Louis R.Supreme Court of Iowa · 1904
- Collins v. CollinsSupreme Court of Iowa · 1877
- Ainley v. American Mutual Fire InsuranceSupreme Court of Iowa · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- McSpadden v. AxmearSupreme Court of Iowa · 1921
- Tilton v. Iowa Power and Light CompanySupreme Court of Iowa · 1959
- Draker v. Iowa Electric Co.Supreme Court of Iowa · 1921
- Young v. RutherfordSupreme Court of Iowa · 1920