Kitteringham v. Blair Town Lot & Land Co.
Supreme Court of Iowa
Affeal from Harrison District Court. The petition states that the plaintiff “ is the owner and entitled to the immediate possession of the N. of N. E. ¿ and N. E. of N. W. ¿ section 15, township 78, range 44, and S. W. ¿ of N. E. ¿ of section 15, township 78, range 44, containing 160 acres, situated in Harrison county, Iowa.
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Affeal from Harrison District Court. The petition states that the plaintiff “ is the owner and entitled to the immediate possession of the N. of N. E. ¿ and N. E. of N. W. ¿ section 15, township 78, range 44, and S. W. ¿ of N. E. ¿ of section 15, township 78, range 44, containing 160 acres, situated in Harrison county, Iowa. That the extent of his interest and estate therein is as follows: On the twenty-eighth day of April, 1867, he settled upon the N. E. of section 15, township 78, range 44, in Harrison county, Iowa. That he then and there commenced cultivating said land and improving the…
1Opinion of the CourtSeevers, J.
I. This is an action to recover real estate, based alone upon a right of possession, and is an ordinary proceeding or action at law. As the plaintiff is not the owner of the legal title, such an action cannot be maintained. Page v. Cole, 6 Iowa, 153; Pendergast v. Burlington & M. R. R’y Co., 53 Iowa, 326.
II. If the foregoing proposition be conceded to be true, counsel for the appellant insists that a demurrer is not the proper remedy, but that the defendant should have moved the court to transfer the cause to the equity docket, and that it should have been tried as such; and in support of…
2Cases cited4 opinions
- Conyngham v. SmithSupreme Court of Iowa · 1864
- Page v. ColeSupreme Court of Iowa · 1858
- Ashlock v. ShermanSupreme Court of Iowa · 1881
- Pendergast v. B. & M. R. R.Supreme Court of Iowa · 1880
3Cited by3 opinions
- Jensen v. NolteSupreme Court of Iowa · 1943
- Marks v. McGookinSupreme Court of Iowa · 1905
- Hinman v. SageSupreme Court of Iowa · 1932