Morrow v. Mutz
Supreme Court of Iowa
Appeal from Harrison District Court. — Hon. A. B. Thornell, Judge. Suit in equity to quiet plaintiffs’ title to lot. No. 4 in section No.- 7, township' No. 79 north, range No. 45, in Harrison county, Iowa, being a fractional lot in the original government survey.
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Appeal from Harrison District Court. — Hon. A. B. Thornell, Judge. Suit in equity to quiet plaintiffs’ title to lot. No. 4 in section No.- 7, township' No. 79 north, range No. 45, in Harrison county, Iowa, being a fractional lot in the original government survey. Defendants claim that there is no longer any such lot; that the tract of ground in controversy is a part of section No. 35, in township No. 2, range No. 11, nr Washington county, Neb., being accreted land to said section No. 35 or to some of the lots therein. As originally surveyed, the land in controversy was on the Iowa side of the…
1Opinion of the CourtDeemer, J.
While defendants pleaded a former adjudication of this controversy in Quinlin v. Bratley, 80 N. W. 405, they do not now rely upon that ease as an adjudication, but contend that the lands involved in that controversy were in the same section and immediately south of the lot now claimed by plaintiffs, and that the change in' the course of the river, which washed away the land claimed by Quinlin in that case, was the same change which affected the land that is the subject of this controversy. An examination of the records in the two eases shows that this contention is true; and while there is no…
2Cases cited1 opinion
- Way v. FoxSupreme Court of Iowa · 1899
3Cited by1 opinion
- City of Dubuque v. Fischer & Co.Supreme Court of Iowa · 1932