Tama County v. Melendy
Supreme Court of Iowa
Appeal from Tama Ci/reuAt Court. These actions were commenced in Pocahontas Circuit Court, to quiet the title of the plaintiff to some 103,0 acres of land situated in that county. Afterward by agreement of tbe pai’ties tbe place of trial was changed to tbe Tama Circuit Court. Issue was taken upon, tbe allegations ■ of the-petition, and trials were bad upon written evidence.
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Appeal from Tama Ci/reuAt Court. These actions were commenced in Pocahontas Circuit Court, to quiet the title of the plaintiff to some 103,0 acres of land situated in that county. Afterward by agreement of tbe pai’ties tbe place of trial was changed to tbe Tama Circuit Court. Issue was taken upon, tbe allegations ■ of the-petition, and trials were bad upon written evidence. A final decree was entered declaring that the plaintiff was not tbe owner of the lands, and adjudging tbe several defendants to be tbe owners in fee, and requiring tbe defendants to repay to plaintiff certain taxes which…
1Opinion of the CourtRothrook, J.
i. riíACTicE: appeal.waiv I. The cases involve substantially the same questions. They are presented upon an agreed abstract, and their separate consideration is not, therefore, q^ie defendants filed with the submission of the causes in this court a motion to dismiss the appeals, upon the ground that the plaintiff has no right to prosecute the same, because after the final decrees in the Circuit Court the plaintiff caused transcripts to be made of said decrees, and filed them in the office of the clerk of the Circuit Court of Pocahontas county, thus making the judgment for the repayment of the…
2Cases cited2 opinions
- Ind. Dist. v. Dist. Tp.Supreme Court of Iowa · 1876
- Parks v. Iowa Central RailroadSupreme Court of Iowa · 1868
3Cited by4 opinions
- Ellis v. ScarboroughCourt of Appeals of Texas · 1926
- Parmele v. SchroederNebraska Supreme Court · 1900
- Avery v. PetersonSouth Dakota Supreme Court · 1917
- Scarborough v. EllisTexas Commission of Appeals · 1927