Legal Opinion

Iowa Homestead Co. v. Webster County

Supreme Court of Iowa

Decided October 4, 1866PublishedCited by 25 opinions

Appeal from Webster District Court. The petition makes the following case: By an act of Congress approved May 15, 1856, certain lands were granted to the State to aid in the construction of four several lines of railway.

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Appeal from Webster District Court. The petition makes the following case: By an act of Congress approved May 15, 1856, certain lands were granted to the State to aid in the construction of four several lines of railway. July 16, 1856, these grants were accepted, and so much of the lands, interest, &c., as were granted to aid in the construction of a railroad from Dubuque to the Missouri river, were disposed of and conferred upon the Dubuque and Pacific Pailroad Company, subject to the restrictions and conditions, &c. January 1, 1861, the fifth twenty consecutive miles of said road were…

1Opinion of the Court

Weight, J.-

Appellant’s counsel, in his printed brief, states that this action is brought to remove a cloud upon certain lands, caused by the taxes of 1859, 1860 and 1861, amounting in the aggregate to some $20,000, including penalty, interest and costs. And it is conceded that if the lands were taxable for these years, the judgment below should be affirmed. Prom this statement, therefore, it will be seen that we have nothing to do with the taxes for the years 1857 and 1858.

To determine the questions made, we are ashed to respond to three inquiries:

1. How were lands belonging to the railroad…

2Cases cited6 opinions

  1. Hunt v. RhodesSupreme Court of the United States · 1828
  2. Adams v. BealeSupreme Court of Iowa · 1865
  3. Tallman v. Treasurer of Butler CountySupreme Court of Iowa · 1861
  4. Faxton v. McCoshSupreme Court of Iowa · 1861
  5. City of Davenport v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1864

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

3Cited by25 opinions

  1. Hunter v. Colfax Consolidated Coal Co.Supreme Court of Iowa · 1915
  2. C. R. & M. R. R. v. Carroll Co.Supreme Court of Iowa · 1875
  3. Town of Wilton v. WestonSupreme Court of Connecticut · 1880
  4. Goodnow v. WellsSupreme Court of Iowa · 1885
  5. State ex rel. Worrell v. PeelleIndiana Supreme Court · 1889

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

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