Rosierz v. Van Dam
Supreme Court of Iowa
Appeal from Mahasha District Court. As this cause involves a rule of practice, not yet fully settled in this State, the condition of the pleadings and the facts should be stated with some particularity. The action is one of right, in which the plaintiff seeks, under the ordinary formula, to recover the title and possession of several tracts of land therein described, amounting in the aggregate to two hundred and eighty acres.
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Appeal from Mahasha District Court. As this cause involves a rule of practice, not yet fully settled in this State, the condition of the pleadings and the facts should be stated with some particularity. The action is one of right, in which the plaintiff seeks, under the ordinary formula, to recover the title and possession of several tracts of land therein described, amounting in the aggregate to two hundred and eighty acres. The defendant, Steinberger, • is in possession of the premises simply as lessee under Van Dam, and in his answer discloses the name of his landlord, and virtually…
1Opinion of the CourtLowe, J.
Legitimately, under tbe case as stated and facts found, two questions only are presented:
First Whether, in a proceeding at law to recover tbe possession of land, an equitable defense may be interposed? and
Secondly. If so, whether the one set up in this case, as to matter and form, is sufficient in equity to bar tbe plaintiff’s recovery?
Tbe first of these questions is answered affirmatively by tbe express language of tbe sixth clause of section 2880 of tbe Revision of 1860, wbicb reads as follows: “Tbe defendant may set forth in bis answer as many causes of defense, set-off, counterclaim, or…
2Cases cited5 opinions
- Stockton v. FordSupreme Court of the United States · 1856
- Hinman v. JudsonNew York Supreme Court · 1852
- Page v. ColeSupreme Court of Iowa · 1858
- Harmon v. SteinmanSupreme Court of Iowa · 1859
- McHenry v. SypherSupreme Court of Iowa · 1862
3Cited by8 opinions
- Union Pac. R. v. SyasCourt of Appeals for the Eighth Circuit · 1917
- Hatcher v. BriggsOregon Supreme Court · 1876
- Bigler v. JackSupreme Court of Iowa · 1901
- Byers v. RodabaughSupreme Court of Iowa · 1864
- Shawhan v. LongSupreme Court of Iowa · 1868
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