Legal Opinion

Yocum v. Haskins

Supreme Court of Iowa

Decided October 27, 1890PublishedCited by 9 opinions

Appeal from Harrison District Court. — Hon. Scott ' M. Ladd, Judge. Prooeedustg- under chapter 8, Laws, 1874, to establish a disputed corner and boundary line of lands, with notice to Henry Haskins and Y ore and M. Coleman. Haskins and Yore appeared, and Haskins alone appeals. The dispute is as to the location of the quarter-section corner in the north line of section 14, township 78, range 43, Harrison county, as established by government survey.

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Appeal from Harrison District Court. — Hon. Scott ' M. Ladd, Judge. Prooeedustg- under chapter 8, Laws, 1874, to establish a disputed corner and boundary line of lands, with notice to Henry Haskins and Y ore and M. Coleman. Haskins and Yore appeared, and Haskins alone appeals. The dispute is as to the location of the quarter-section corner in the north line of section 14, township 78, range 43, Harrison county, as established by government survey. Plaintiff contends that it is at a point twenty rods west of the center of said section line, and appellant Haskins contends that it is…

1Opinion of the CourtGivew, J.

i. boundatues: t¿0esetab'iifh: eiTreportT appeai. I. Question is made as to how this proceeding is to be tried in this court. It is a special proceeding triable as an ordinary action, and reviewable upon errors assigned. In re Harrington, 54 Iowa, 3 S3. Appellant contends that it was tried as an equity case in the district court, and is, therefore, triable de nono on this appeal. The record does not show that it was so tried. The proceedings were as contemplated in the statute. The proceeding is before us for review upon the errors assigned. The principal errors assigned may be stated thus:…

2Cases cited4 opinions

  1. Pernam v. WeadMassachusetts Supreme Judicial Court · 1809
  2. Vogel & Bro. v. WadsworthSupreme Court of Iowa · 1878
  3. Knox v. HanlonSupreme Court of Iowa · 1878
  4. Smith v. WalkerSupreme Court of Iowa · 1878

3Cited by9 opinions

  1. Patsy C. Albert, in Her Capacity as the Trustee of the Patsy C. Albert Revocable Trust v. Delbert Conger and Ruth CongerCourt of Appeals of Iowa · 2016
  2. Hanson v. Township of Red RockSouth Dakota Supreme Court · 1893
  3. McGovern v. HeerySupreme Court of Iowa · 1913
  4. Doolittle v. BaileySupreme Court of Iowa · 1892
  5. Lannigan v. AndreSupreme Court of Iowa · 1950

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