Davenport v. Sebring
Supreme Court of Iowa
Appeal from Boon# District Court. Action to recover the possession -of land -situated in .Boone county. The answer of the defendants denies generally all the allegations of the petition, and pi etuis the bar of the statute of limitations, alleging that defendants and their grantors had been for more than ten years in the actual, notorious and adverse possession of the land under claim of title and right. A verdict and judgment were had ibr defendants; plaintiffs appeal.
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Appeal from Boon# District Court. Action to recover the possession -of land -situated in .Boone county. The answer of the defendants denies generally all the allegations of the petition, and pi etuis the bar of the statute of limitations, alleging that defendants and their grantors had been for more than ten years in the actual, notorious and adverse possession of the land under claim of title and right. A verdict and judgment were had ibr defendants; plaintiffs appeal. The facts of the case are stated in the opinion.
1Opinion of the Court
Beck, On. J.
— I. The evidence shews that the land iii question is a part of the “Des Moines River Grant,” and that the title thereto is in the plaintiffs. The testimony tends to establish the following facts: The property was originally claimed by the Cedar Rapids & Missouri River Railroad Company, under the act of Congress of May 15, 1856, granting lands to the State to aid in building certain railroads. This corporation sold the land by written contract, executed December 29, 1865, to Janies Stinson, who thereupon entered upon the land and made improvements thereon. He assigned the contract…
2Cited by9 opinions
- Roots v. BeckIndiana Supreme Court · 1887
- McClenahan v. StevensonSupreme Court of Iowa · 1902
- Litchfield v. SewellSupreme Court of Iowa · 1896
- Smith v. HitchcockNebraska Supreme Court · 1893
- Hoffine v. EwingsNebraska Supreme Court · 1900
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