Legal Opinion

Klinkner v. Schmidt

Supreme Court of Iowa

Decided October 17, 1901PublishedCited by 18 opinions

Appeal from Dubuque District Court. — Hon. Fred O’Donnell, ' Judge. Action to recover possession of part of lot 12 in block 1 in West Cascade, Dubuque county. Defendant denies tbe title of plaintiff, and in a cross-petition asserts title by adverse possession, and long-continued acquiescence by plaintiff and her grantors in the boundary line up to which defendant has occupied.

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Appeal from Dubuque District Court. — Hon. Fred O’Donnell, ' Judge. Action to recover possession of part of lot 12 in block 1 in West Cascade, Dubuque county. Defendant denies tbe title of plaintiff, and in a cross-petition asserts title by adverse possession, and long-continued acquiescence by plaintiff and her grantors in the boundary line up to which defendant has occupied. After the action was commenced, defendant Schmidt died, and his administrator was substituted: but the case will be treated as though Schmidt were defendant throughout. Verdict for defendant. Plaintiff appeals.

1Opinion of the CourtMcClain, J.

*6971 *696Lot 12 of block 1 in West Cascade has, according to the plat, a south frontage of 60 feet. Plaintiff established title by conveyance to the east 35 feet of said lot, and contended that defendant had been in the occupancy of-a strip about 14 feet wide not included in the portion of the lot to which defendant had title, but forming a part of the east 35 feet owned by plaintiff. It may assist in the full understanding of this controversy to say that the south half of block 1 consists of lots 8 to 12, inclusive, numbered from the west to the east, each having a frontage on the street of 60 feet,…

2Cases cited19 opinions

  1. Miller v. Mills CountySupreme Court of Iowa · 1900
  2. Grube v. WellsSupreme Court of Iowa · 1871
  3. City of Racine v. EmersonWisconsin Supreme Court · 1893
  4. Katz v. . KaiserNew York Court of Appeals · 1897
  5. Fisher v. BennehoffIllinois Supreme Court · 1887

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3Cited by18 opinions

  1. Burroughs v. City of CherokeeSupreme Court of Iowa · 1906
  2. Dwight v. City of Des MoinesSupreme Court of Iowa · 1916
  3. Griffin v. BrownSupreme Court of Iowa · 1914
  4. Keller v. HarrisonSupreme Court of Iowa · 1908
  5. Rowell v. WeinemannSupreme Court of Iowa · 1903

13 more not listed; retrieve them via the Exa API.

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