Briggs v. Jasper County
Supreme Court of Iowa
Appeal from Jasper District Court. Action in equity. The petition states that tlie defendant, by the then county judge, issued to one Wilson a pre-emption certificate (which is made a part of the petition) covering certain described land, which at that time was swamp land, belonging to the county; that said certificate has been assigned to and is the property of the plaintiff; that he, “in the spring of 1870, took possession of said land, improving and cultivating the same…
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Appeal from Jasper District Court. Action in equity. The petition states that tlie defendant, by the then county judge, issued to one Wilson a pre-emption certificate (which is made a part of the petition) covering certain described land, which at that time was swamp land, belonging to the county; that said certificate has been assigned to and is the property of the plaintiff; that he, “in the spring of 1870, took possession of said land, improving and cultivating the same in virtue of his ownership of said certificate, and claimed to own said land, and held and improved the same, with…
1Opinion of the CourtSeevers, J.
1. SWAMP lands: preemption: estoppel. Tbe certificate of pre-emption was issued under tbe provisions of sections 973, 974 and 975 of tbe Revision. It is suggested tbe certificate is void because it was not issued witbin ninety days after tbe first day of March, 1855, as provided in section 973. This proposition is not tenable, because section 974 provides that tbe provisions of 973 are extended to any person “wbo shall hereafter acquire a bona ficle claim,” if tbe same is proved up witbin sixty days after acquiring tbe same.
Tbe certificate is in due form of law, and vests in tbe plaintiff tbe…
2Cases cited4 opinions
- Styles v. GrayTexas Supreme Court · 1853
- Rogers v. VassSupreme Court of Iowa · 1858
- Givens v. Decatur CountySupreme Court of Iowa · 1859
- Collins v. County of DallasSupreme Court of Iowa · 1876