Wilson v. McLernan
Supreme Court of Iowa
Appeal from Page District Court The following is conceded by counsel to be a correct statement of the cause: This action is brought by Joshua S. Wilson against David McLernon and Mary McLernon, his wife (whose name before marriage was Mary Nixon), to compel the defendant to convey to plaintiffs the northwest quarter of the northwest quarter of section number twenty (No. 20), township No. 67 of range No. 86 in Page county, Iowa.
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Appeal from Page District Court The following is conceded by counsel to be a correct statement of the cause: This action is brought by Joshua S. Wilson against David McLernon and Mary McLernon, his wife (whose name before marriage was Mary Nixon), to compel the defendant to convey to plaintiffs the northwest quarter of the northwest quarter of section number twenty (No. 20), township No. 67 of range No. 86 in Page county, Iowa. The plaintiff alleges that one of the defendants had obtained from the county judge of Page county, Iowa, a certificate of preemption upon the land in controversy, it…
1Opinion of the CourtDillon, J.
From the evidence I find the following facts with reference to the 40 acres (N. W. J 20 T. 67, R. 36) in dispute.
I. On the 7th day of March, 1855, for this forty, with two others lying east of .and adjoining it, Mary Nixon (now McLernan) obtained from John Wilson, county judge, a certificate of preemption under the swamp land act.
She did not at the time live upon any of the land thus preempted and never has. That is, she was not and is not a settler upon it. Now had she a bona ■fide claim by actual improvement upon the land ? Rev., §§ 973, 977. Her improvements prior to the certificate of…
Also in this document: Concurrence.
2Cases cited1 opinion
- Givens v. Decatur CountySupreme Court of Iowa · 1859
3Cited by2 opinions
- Bixby v. Adams CountySupreme Court of Iowa · 1878
- Bratton v. CrossSupreme Court of Kansas · 1879