Bellows v. Todd
Supreme Court of Iowa
Appeal from PEwmboldt Pisbriet Court. The plaintiff, in his petition, alleges that he is the owner in fee simple of certain lands described, and entitled to the immediate possession thereof, and that defendant wrongfully and unlawfully holds possession of the same. Judgment for the - possession and damages is demanded.
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Appeal from PEwmboldt Pisbriet Court. The plaintiff, in his petition, alleges that he is the owner in fee simple of certain lands described, and entitled to the immediate possession thereof, and that defendant wrongfully and unlawfully holds possession of the same. Judgment for the - possession and damages is demanded. The answer contains a general denial of all the allegations of the petition, a specific denial of plaintiff’s title, and sets up a claim of title in the defendant, and also. that he settled upon the premises under the pre-emption laws of the United States, in the year 1860, and…
1Opinion of the CourtMiller, J.
I. The plaintiff gave in evidence to the jury:
1. A certified copy of • the articles of incorporation of the Des Moines Navigation and Railroad Company.
2. A contract between the State of Iowa and said company, in which said company undertook to make and finish the improvement of the Des Moines river, and the State agreed, on its part, to sell and convey to the company all the lands donated by act of congress, of August 8, 1846, to the State of Iowa, for the improvement of the Des Moines river, and remaining unsold at a date specified.
3. A joint resolution of the general assembly of the *20State…
2Cases cited3 opinions
- Dubuque & Pacific Railroad v. LitchfieldSupreme Court of the United States · 1860
- Wolcott v. Des Moines Co.Supreme Court of the United States · 1867
- Railroad Company v. Fremont CountySupreme Court of the United States · 1870
3Cited by4 opinions
- Orchard v. AlexanderSupreme Court of the United States · 1895
- Bellows v. ToddSupreme Court of Iowa · 1874
- Busch v. DonohueMichigan Supreme Court · 1875
- Acord v. MitchellSupreme Court of Iowa · 1914