Garmoe v. Sturgeon
Supreme Court of Iowa
Appeal from Webster District Court. Action to quiet title to a quarter section of land. Plaintiff claims title to tbe land under certain tax deeds. Tbe defendant, tbe Toledo & Northwestern Railway Company, alleges that it is in possession of a strip one hundred feet in width across one forty-acre tract of tbe land, and that it occupies tbe same as a right of way for its railroad, the same having been condemned for that purpose by ad quod damnum proceedings.
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Appeal from Webster District Court. Action to quiet title to a quarter section of land. Plaintiff claims title to tbe land under certain tax deeds. Tbe defendant, tbe Toledo & Northwestern Railway Company, alleges that it is in possession of a strip one hundred feet in width across one forty-acre tract of tbe land, and that it occupies tbe same as a right of way for its railroad, the same having been condemned for that purpose by ad quod damnum proceedings. The defendant, Abtil Sturgeon, in his answer, denies that plaintiff is the owner of the land, and alleges that he is the owner thereof,…
1Opinion of the CourtReed, J.
The land in question is the southwest quarter of section eighteen, township eighty-six, range twenty-seven. The east half was sold October 2, 1876, for the taxes of 1873, 1874 and 1875, and the deed was executed October 9, 1879. The west half was sold October 6, 1879, for the taxes of 1878, and the deed was executed October 21, 1882. The land occupied by the railroad for right of way is in the northwest quarter of said southwest quarter, and the ad quod damnum, proceedings under which it claims were had in October, 1880, but plaintiff was not made a party to the proceedings. On the eleventh…
2Cases cited2 opinions
- Fuller v. ArmstrongSupreme Court of Iowa · 1880
- Cochran v. Ind. School Dist.Supreme Court of Iowa · 1879
3Cited by2 opinions
- Chicago, Burlington & Quincy Railway Co. v. KelleySupreme Court of Iowa · 1898
- Garmoe v. WindleSupreme Court of Iowa · 1888