Ball v. Keokuk & Northwestern R'y Co.
Supreme Court of Iowa
Appeal from Lee Circuit Court. The petition states that the plaintiff is the owner of certain real estate, and that defendant entered thereon without his consent, destroyed fences, committed waste, and has taken and appropriated a strip of land for right of way, and has constructed its road thereon, without having obtained the right to do so; wherefore a recovery is asked.
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Appeal from Lee Circuit Court. The petition states that the plaintiff is the owner of certain real estate, and that defendant entered thereon without his consent, destroyed fences, committed waste, and has taken and appropriated a strip of land for right of way, and has constructed its road thereon, without having obtained the right to do so; wherefore a recovery is asked. The defendant pleaded an equitable defense, and alleged that in 1869 the plaintiff executed a contract in writing, whereby he agreed to convey the right of way over a portion of the premises described in the petition to the…
1Opinion of the CourtSeevers, J.
The written contracts under which the defendant claims are as follows:
“In consideration of the sum of one dollar, the receipt whereof is hereby acknowledged, we do hereby agree to convey to the Keokuk and Minnesota Bailway Company the right of way for a double or single railroad track, not exceeding one hundred feet in width, the same to extend through lands as follows: * * * *, the same to be deeded to the aforesaid company on demand, after said road shall have been located .through the said described lands.”
The court ordered that defendant make a more specific statement as to when the road…
2Cases cited4 opinions
- Baker v. Johnson CountySupreme Court of Iowa · 1871
- Hintrager v. HennessySupreme Court of Iowa · 1877
- Barlow v. Chicago, Rock Island & Pacific R. R.Supreme Court of Iowa · 1870
- Newman v. De LorimerSupreme Court of Iowa · 1865
3Cited by19 opinions
- Gossard v. GossardCourt of Appeals for the Tenth Circuit · 1945
- Williams v. BerginCalifornia Supreme Court · 1897
- Mickel v. WalravenSupreme Court of Iowa · 1894
- Landis v. SaxtonSupreme Court of Missouri · 1891
- Reizenstein v. MarquardtSupreme Court of Iowa · 1888
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