Doolittle v. Bailey
Supreme Court of Iowa
Appeal from Hamilton District Court¡ — Hon. John L. Stevens, Judge. This is a proceeding to determine and establish a disputed corner, viz: The southwest corner of the northwest quarter of section number three, in township number eighty-nine north, of range number 25 west of fifth principal meridian. The defendants plead acquiescence in a corner at the point named by them; also, the statute of limitations.
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Appeal from Hamilton District Court¡ — Hon. John L. Stevens, Judge. This is a proceeding to determine and establish a disputed corner, viz: The southwest corner of the northwest quarter of section number three, in township number eighty-nine north, of range number 25 west of fifth principal meridian. The defendants plead acquiescence in a corner at the point named by them; also, the statute of limitations. There was a commissioner appointed, who made a survey, took the testimony of-witnesses and reported to the court, together with his eonclusions. He recommended the establishment of the…
1Opinion of the CourtKinne, J.
I. But three questions are raised by this appeal: First, Did the parties acquiesce for ten’ years 1. Boundaries: statute of limitations: evidence. or more in the corner as claimed by the defendants? Second, Is the plea of the statute of limitations sustained? Third, Did the court err in deciding the case contrary to the recommendation of the commissioner and in not re-referring it to the commissioner for further proceedings? *400We will consider these questions in the order above stated. • ’ x
The court below found that the parties owning the adjoining land on each side had for more than ten years…
2Cases cited7 opinions
- Grube v. WellsSupreme Court of Iowa · 1871
- Skinner v. CrawfordSupreme Court of Iowa · 1880
- Mills v. PennySupreme Court of Iowa · 1888
- Yocum v. HaskinsSupreme Court of Iowa · 1890
- Mitchell v. WilsonSupreme Court of Iowa · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Miller v. Mills CountySupreme Court of Iowa · 1900
- Palmer v. OsborneSupreme Court of Iowa · 1901
- McGovern v. HeerySupreme Court of Iowa · 1913
- Lawler v. Counties of RiceSupreme Court of Minnesota · 1920
- Weikamp v. JungersSupreme Court of Iowa · 1911
3 more not listed; retrieve them via the Exa API.