Legal Opinion

Bishop v. County of O'Brien

Supreme Court of Iowa

Decided November 22, 1909Published

Appeal from O’Brien District- Court. — Hon. F. R. Gaynor, Judge. This is a suit to caucel and abate certain taxes assessed against plaintiff’s lands, and to remove tbe cloud thereof. There was a decree in the trial court dismissing the petition and plaintiff appeals.

1Opinion of the CourtEvans, C. J.

Plaintiff is the owner of the southeast one-fourth of section 29, township 97, range 42, in O’Brien County. He purchased said land originally in 1882 from the Sioux City Railway Company, and has been in the possession and enjoyment of the same ever since. The land was included within a certain land grant acquired by the railway company under Act Cong. May 12, 1864, 13 Stat. 72, C. 84, conditioned upon its building to completion a certain ten mile section of railroad. The conditions were fully complied with by the railway company in 1872, and the land in question was duly selected by it and…

2Cases cited6 opinions

  1. Witherspoon v. DuncanSupreme Court of the United States · 1867
  2. Hussman v. DurhamSupreme Court of the United States · 1897
  3. Litchfield v. County of HamiltonSupreme Court of Iowa · 1874
  4. Stryker v. Polk CountySupreme Court of Iowa · 1867
  5. Herrick v. SargentSupreme Court of Iowa · 1908

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