Klinkner v. Schmidt
Supreme Court of Iowa
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
- Miller v. Mills CountySupreme Court of Iowa · 1900
- Grube v. WellsSupreme Court of Iowa · 1871
- City of Racine v. EmersonWisconsin Supreme Court · 1893
- Katz v. . KaiserNew York Court of Appeals · 1897
- Fisher v. BennehoffIllinois Supreme Court · 1887
14 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Burroughs v. City of CherokeeSupreme Court of Iowa · 1906
- Dwight v. City of Des MoinesSupreme Court of Iowa · 1916
- Griffin v. BrownSupreme Court of Iowa · 1914
- Keller v. HarrisonSupreme Court of Iowa · 1908
- Rowell v. WeinemannSupreme Court of Iowa · 1903
13 more not listed; retrieve them via the Exa API.