Griffeth v. Drainage District
Supreme Court of Iowa
Appeal from Pocahontas District Court. — D. F. Coyle, Judge. While defendant bank owned certain lands, a drainage district was established, and an award made for anticipated injury to said lands. No security for payment of these damages was given, nor payment of same made, nor the land taken, until after these lands were sold by the bank to those whom plaintiffs represent. The trial court held that the vendees are entitled to said award, and.the vendor bank appeals.
1Opinion of the CourtSalinger, J.
I. The bank made answer that the buyer had full knowledge of what had been done to establish the district: that the bank had filed its claim, and that same had been allowed; that the buyer had constructive notice; that, in his- contract, he assumed the burden of taxation that might ensue; and, finally, that the claim'for damages was treated between buyer and seller as part of the consideration paid for the land. We are unable to see how it is material that the buyer assumed the tax burden the creation of the ditch might impose, or that, except as it bears on the claim that the right to…
2Cases cited24 opinions
- City of Chicago v. BarbianIllinois Supreme Court · 1875
- St. Louis, Lawrence & Denver Railroad v. WilderSupreme Court of Kansas · 1876
- Taylor v. New Orleans Terminal Co.Supreme Court of Louisiana · 1910
- Henry v. Dubuque & Pacific RailroadSupreme Court of Iowa · 1860
- Magee v. . City of BrooklynNew York Court of Appeals · 1894
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3Cited by4 opinions
- Epperson v. JohnsonSupreme Court of Oklahoma · 1941
- Crawford v. City of Des MoinesSupreme Court of Iowa · 1963
- Bank of America v. City of GlendaleCalifornia Supreme Court · 1935
- Leonard v. SmallCourt of Appeals of Texas · 1930