Dake v. Ward
Supreme Court of Iowa
Appeal from Buena Vista District Court. — Hon. A. D. Bailie, Judge. This action is a controversy between adjoining landowners over the location of a partition fence. The defendants pleaded acquiescence in a line and adverse possession for more than ten years. There was a decree for the defendants. Plaintiff appeals.
1Opinion of the CourtEvans, J.
Plaintiff is the owner of the S. y2 of the NE. of a certain section 2. Defendants Ward and Robinson are o-wners of the N. % of the same quarter section. Robinson acquired his interest by executory contract from Ward. Ward acquired the land from Gaffey. Gaffey acquired it from one Claussen. Gaffey and Adams have no present interest in the land or in the litigation, and they have filed a disclaimer. Dake, the plaintiff, has occupied the S. y2 of the quarter section since 1878. Claussen acquired the N. y2 in 1883 and occupied it from such date until the spring of 1910, when he sold it to Gaffey.…
2Cases cited2 opinions
- Harndon v. StultzSupreme Court of Iowa · 1904
- Beck v. UmshlerSupreme Court of Iowa · 1908
3Cited by7 opinions
- Lewis v. SmithSupreme Court of Oklahoma · 1940
- Marvel v. Barley Mill Road HomesCourt of Chancery of Delaware · 1954
- Marvel v. Barley Mill Road Homes, Inc.Court of Chancery of Delaware · 1954
- Petrus v. Chicago, Rock Island & Pacific RailroadSupreme Court of Iowa · 1953
- Sieck v. AndersonSupreme Court of Iowa · 1942
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