Legal Opinion

Adams County v. B. & M. R. R.

Supreme Court of Iowa

Decided October 18, 1876PublishedCited by 18 opinions

Appeal from, Adams District Court- The plaintiff, Adams county, claiming to be tbe owner of certain lands in said county, over which the defendant was exercising acts of ownership under a claim of title, brought this suit in equity to' quiet its title to said land'.' The' defendant denied the plaintiff’s title, and by way of cross-petition averred that it was the owner of said land, and that the plaintiff was estopped from asserting any title thereto because the plaintiff…

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Appeal from, Adams District Court- The plaintiff, Adams county, claiming to be tbe owner of certain lands in said county, over which the defendant was exercising acts of ownership under a claim of title, brought this suit in equity to' quiet its title to said land'.' The' defendant denied the plaintiff’s title, and by way of cross-petition averred that it was the owner of said land, and that the plaintiff was estopped from asserting any title thereto because the plaintiff assessed the said land to the defendant, and received from the defendant the taxes thereon. The plaintiff denied the…

1Opinion of the CourtAdams, J.

i. pleading: equity?111 after remand, The question presented for our decision is whether, after a reversal in a suit in equity, which is remanded by this court for further proceedings not inconsistent with its opinion, the unsuccessful party can be allowed to file an amended or additional pleading upon such showing of newly discovered evidence as would entitle an applicant to a new trial in a suit at law. This question the District Court answered in the negative.

It is claimed by the appellee that the case, having been determined in this court, the court below had power only to enter a decree…

2Cited by18 opinions

  1. Schlosser v. HemphillSupreme Court of the United States · 1905
  2. Hogle v. SmithSupreme Court of Iowa · 1907
  3. Allen v. City of DavenportSupreme Court of Iowa · 1901
  4. Sanxey v. Iowa City Glass Co.Supreme Court of Iowa · 1886
  5. Kossuth County State Bank v. RichardsonSupreme Court of Iowa · 1908

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