Wells v. Riley
U.S. Circuit Court for the District of Iowa
’ This was originally an action of ejectment, and the plaintiff recovered in this court, and the judgment was affirmed by 'the supreme court as stated below. The present questions arise out of the application of the defendant, under the occupying claimant’s statute of the state.
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’ This was originally an action of ejectment, and the plaintiff recovered in this court, and the judgment was affirmed by 'the supreme court as stated below. The present questions arise out of the application of the defendant, under the occupying claimant’s statute of the state. Revision of Iowa, c. 97. This statute enacts that "where an occupant of land has color of title thereto, and in good faith has made any valuable improvements thereon, and is afterwards in the proper action found not to be the rightful owner thereof,” he may be allowed in the manner therein provided the value of the…
1Opinion of the Court
MILLER, Circuit Justice,
orally overruling the exceptions, in substance, said:
Some of the exceptions taken by plaintiff relate to the question of color of title in the party in possession, and to her good faith in making these improvements. I am very clear that the defendant comes within the rule of the statute in both respects, and within any principle of equity that can be established on this subject. She had a patent from the United States, and had it for eight or ten years before this action was brought. She had been a settler upon the land and made a showing to the satisfaction of the…
2Cited by2 opinions
- Dorer v. HoodWisconsin Supreme Court · 1902
- Edwards v. ButlerMississippi Supreme Court · 1909