Walker v. Kynett
Supreme Court of Iowa
Appeal from Des If ornes QvrcvÁt Oowrt. . Action to recover the possession of certain lands. The original petition alleges that the title of the lands is in plaintiff, and that defendants unlawfully keep him out of possession thereof, and have committed waste thereon. Judgment is asked for the possession of the lands, and for the damage sustained by plaintiff. The answer sets up that Rebecca Kynett, one of the defendants, is the owner in fee of the lands in controversy.
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Appeal from Des If ornes QvrcvÁt Oowrt. . Action to recover the possession of certain lands. The original petition alleges that the title of the lands is in plaintiff, and that defendants unlawfully keep him out of possession thereof, and have committed waste thereon. Judgment is asked for the possession of the lands, and for the damage sustained by plaintiff. The answer sets up that Rebecca Kynett, one of the defendants, is the owner in fee of the lands in controversy. An amended petition was filed, alleging plaintiff’s ownership of the land, their purchase of them, and other matters not…
1Opinion of the CourtBeck, J.
i. dmcubbeb : waiver: practice. I. The defendant’s counsel insist that the court erred in overruling the demurrer to the first amended petition. The grounds of this ruling we are A . ° , ° not required to examine, as defendants, dj their answer to the objectionable pleading, waived the error, if any, in fact, was committed.
*5263. action ?isaiction.JU" II. The judgment of the circuit court, it is claimed, is unauthorized and erroneous, because the relief claimed in the last amended petition, and granted'by the judgment, is exclusively within the cognizance of a court of chancery, and cannot be…
2Cases cited2 opinions
- Smiths v. Dubuque CountySupreme Court of Iowa · 1855
- Hackett v. HighSupreme Court of Iowa · 1870
3Cited by6 opinions
- Schrader v. HooverSupreme Court of Iowa · 1893
- Rogers v. LoopSupreme Court of Iowa · 1879
- Wheelock v. Commercial National BankCuyahoga County Common Pleas Court · 1888
- Farmers' Mutual Telephone Co. v. HowellSupreme Court of Iowa · 1906
- McMeans v. CameronSupreme Court of Iowa · 1878
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