Sweesey v. Sparling
Supreme Court of Iowa
Appeal from Monona District Court. — Hon. C. H. Lewis, Judge. This action involves the title to a tract of land in Monona county.
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Appeal from Monona District Court. — Hon. C. H. Lewis, Judge. This action involves the title to a tract of land in Monona county. The plaintiff claims to be the owner of the property by virtue of a homestead entry made on the fifteenth day of .November, 1887. The defendant, by an answer and cross-bill, claims that, although the land in controversy was entered as a homestead by plaintiff, yet that it was under an agreement between the parties that, if the defendant would not attempt to homestead the land occupied and claimed by him, and would permit the plaintiff to homestead all land claimed…
1Opinion of the CourtRothrock, C. J.
The land in controversy is situated an the east bank of the Missouri river. It appears from the evidence that the plaintiff homesteaded the whole tract on the fifteenth day of November, 1887. He took possession of the land in September, 1884, and made improvements thereon by building a house, stable, sheds and cribs, and fencing and clearing up the land. One John Kennedy afterwards made a-claim on part of the land, and lived upon it. The plaintiff advised the defendant that Kennedy desired to sell his claim, and, at the instance of plaintiff, the defendant bought Kennedy’s claim, and moved on…
2Cases cited6 opinions
- Oaks v. HeatonSupreme Court of Iowa · 1876
- Snow v. FlannerySupreme Court of Iowa · 1860
- Dawson v. MerrilleNebraska Supreme Court · 1873
- Bateman v. RobinsonNebraska Supreme Court · 1882
- Blanchard v. JamisonNebraska Supreme Court · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- McElhaney v. McElhaneySupreme Court of Iowa · 1904