Bigelow v. Hoover
Supreme Court of Iowa
Appeal from Woodbury District Comt. — Hon. George W. Wakefield, Judge. The plaintiff, being the owner of lot 1 in section 31, and lot 4 in section 33, township 78, range 74, Woodbury county, brought this action to establish and quiet title in him, and to recover damages for rents and waste, to what is now called ‘‘Hoover’s island,’7 under the claim that the same is an accretion to his said lots.
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Appeal from Woodbury District Comt. — Hon. George W. Wakefield, Judge. The plaintiff, being the owner of lot 1 in section 31, and lot 4 in section 33, township 78, range 74, Woodbury county, brought this action to establish and quiet title in him, and to recover damages for rents and waste, to what is now called ‘‘Hoover’s island,’7 under the claim that the same is an accretion to his said lots. He afterwards filed his petition to enjoin the defendants from committing waste on said land, and thereafter his further petition to recover damages for timber cut and taken from said land. The…
1Opinion of the CourtGiven, J.
I. The case having been tried below as an equity cause, without objection, it will be so considered on this appeal. This is not a contest 1. Accretions: title: evidence. between titles. The inquiry is simply whether the plaintiff has title, or, in other words, whether what is now known as “Hoover’s Island,” or any part thereof, is a part of the plaintiff’s lots by reason of being accretion thereto. It is difficult to express accurately in words the present shape and condition of the island, but the following will be sufficient for the purposes of the case: It is a pear-shaped body of land,…
2Cases cited1 opinion
- Benson v. MorrowSupreme Court of Missouri · 1875
3Cited by13 opinions
- State v. CarrCourt of Appeals for the Eighth Circuit · 1911
- Payne v. HallSupreme Court of Iowa · 1921
- Holman v. HodgesSupreme Court of Iowa · 1901
- Schlosser v. CruickshankSupreme Court of Iowa · 1895
- State v. RaymondSupreme Court of Iowa · 1963
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