Van Sickle v. Keith
Supreme Court of Iowa
Appeal from Ceclar District Court. — Hon. J. H. Preston, Judge. The plaintiff is the owner of eighty acres of land in the north half of the north half of section 10, township 82, range 1 west. One A. H. Beddow was the owner of land adjoining it on the south, being in the-south half of the north half of said section. A. H. Beddow is deceased, and his widow and daughter are-the owners of the land. The daughter is the wife of the defendant.
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Appeal from Ceclar District Court. — Hon. J. H. Preston, Judge. The plaintiff is the owner of eighty acres of land in the north half of the north half of section 10, township 82, range 1 west. One A. H. Beddow was the owner of land adjoining it on the south, being in the-south half of the north half of said section. A. H. Beddow is deceased, and his widow and daughter are-the owners of the land. The daughter is the wife of the defendant. A controversy arose about the dividing line between the lands owned by the parties, and the possession of a strip of land along the line, nineteen feet wide…
1Opinion of the CourtGranger, J.
*11i. pleading: aieounts“relief, *10I. The parties in argument are in contention as to the character of the action; that is, *11whether it is an action of right or for trespass. The petition contains but a single count, and the allegations of fact are of ownership and right of possession by the plaintiff, of wrongful possession taken byxthe defendant, and of the damage sustained. The prayer is for judgment for the possession of the land, that a writ- issue therefor, and also for the damages sustained because of the wrongful act of the defendant. No objection was made to the form of the pleading, and…
2Cases cited4 opinions
- Williams v. SwetlandSupreme Court of Iowa · 1859
- Benjamin v. ViethSupreme Court of Iowa · 1890
- Great Western Printing Co. v. TuckerSupreme Court of Iowa · 1887
- Brenneman, Martin & Co. v. EdwardsSupreme Court of Iowa · 1880
3Cited by4 opinions
- Waniorek v. United RailroadsCalifornia Court of Appeal · 1911
- Fritz v. Chicago Grain & Elevator Co.Supreme Court of Iowa · 1907
- American Express Co. v. LankfordCourt Of Appeals Of Indian Territory · 1898
- Security National Bank v. BigelowSupreme Court of Iowa · 1927