Litchfield v. Johnson
U.S. Circuit Court for the District of Iowa
On April 24th, 1S74, [Edwin C.] Litchfield . commenced an action of ejectment against ¡ the defendants [Olaf Johnson and Lewis j Johnson] for the south half of the south-east quarter of section 9, township 86, range ¡ 20, and at the May term, 1874, recovered : judgment.
Read the full summary
On April 24th, 1S74, [Edwin C.] Litchfield . commenced an action of ejectment against ¡ the defendants [Olaf Johnson and Lewis j Johnson] for the south half of the south-east quarter of section 9, township 86, range ¡ 20, and at the May term, 1874, recovered : judgment. Thereupon the defendants, un- ! der the statutes of Iowa, filed their petition \ as occupying claimants (Revision, § 2264; ' Code, § 1976), claiming to be allowed for ; improvements made by them on the land, ] under color of title, and in good faith. Issue was taken on this petition, and the case thus made was referred, by…
1Opinion of the Court
DILLON, Circuit Judge.
The amount involved in this particular case is small, but the ease itself is important, as the principles of law which apply to it are decisive of a large number of like causes pending in the court.
1. The referee has found, as a fact, that the defendants, in the fall of I860, entered on the land, the same being then vacant, under the belief that it was the property of the United States, open to pre-emption, with the intent to pre-empt it or enter it under the homestead act, and have ever since continued in possession, holding adversely to all parties except the United…
2Cited by4 opinions
- Betz v. City of Sioux CitySupreme Court of Iowa · 1948
- Benton v. Dumbarton Realty Co.Supreme Court of Iowa · 1913
- Dorer v. HoodWisconsin Supreme Court · 1902
- Edwards v. ButlerMississippi Supreme Court · 1909