Fredricksen v. Bierent
Supreme Court of Iowa
Appeal from Woodbury District Court.- — IIon. David Mould, Judge. This is a controversy over the boundary line between the N. W. %' of the N. E. % and the N. E. % of the N. E. % of section 1 in a township of land in Woodbury county, Iowa. The action is in form at law to recover the possession of the disputed strip and damages for the withholding thereof from plaintiff.
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Appeal from Woodbury District Court.- — IIon. David Mould, Judge. This is a controversy over the boundary line between the N. W. %' of the N. E. % and the N. E. % of the N. E. % of section 1 in a township of land in Woodbury county, Iowa. The action is in form at law to recover the possession of the disputed strip and damages for the withholding thereof from plaintiff. Plaintiff relied upon a boundary established by possession and acquiescence and by adverse possession, and defendant upon what he claims is the true line and a survey made in the year 1909. A jury was waived and the case tried…
1Opinion of the CourtDeemer, J.
The testimony clearly brings the case within the rules announced in Miller v. Mills County, 111 Iowa, 657; Hiatt v. Kirkpatrick, 48 Iowa, 78; Foulke v. Stockdale, 40 Iowa, 99; Tracy v. Newton, 57 Iowa, 210; Trust Co. v. Emerson, 125 Iowa, 86; Laughlin v. Francis, 129 Iowa, 62; Hootman v. Hootman, 133 Iowa, 632; Fullmer v. Beck, 105 Iowa, 517; Keller v. Harrison, 139 Iowa, 394; Axmear v. Richards, 112 Iowa, 657; Klinkner v. Schmidt, 114 Iowa, 698; O’Callaghan v. Whisenand, 119 Iowa, 568; Harndon v. Stultz, 124 Iowa, 734, and other like cases, and justifies the judgment entered by the trial…
2Cases cited16 opinions
- Miller v. Mills CountySupreme Court of Iowa · 1900
- Kitchen v. ChantlandSupreme Court of Iowa · 1905
- Klinkner v. SchmidtSupreme Court of Iowa · 1901
- Keller v. HarrisonSupreme Court of Iowa · 1908
- O'Callaghan v. WhisenandSupreme Court of Iowa · 1903
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3Cited by4 opinions
- Cheshire v. McCoy & HenrySupreme Court of Iowa · 1928
- Stevenson v. RobuckSupreme Court of Iowa · 1917
- Johnston v. McFerrenSupreme Court of Iowa · 1942
- Stone v. RichardsonSupreme Court of Iowa · 1928