Legal Opinion

Brown v. Cooper

Supreme Court of Iowa

Decided May 22, 1896PublishedCited by 17 opinions

Appeal from Linn District Court. — Hon. J. H. Preston, Judge. This is a' proceeeding to partition a water power on the Cedar river, at the city of Cedar Rapids, consisting of a dam, bulkheads, race-ways, retaining walls, pond, etc.

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Appeal from Linn District Court. — Hon. J. H. Preston, Judge. This is a' proceeeding to partition a water power on the Cedar river, at the city of Cedar Rapids, consisting of a dam, bulkheads, race-ways, retaining walls, pond, etc. Prom an order of the district court setting aside the report of the referees, recommending a sale of the power, because it could not be divided, and from another order confirming the report of subsequent referees, recommending a partition and the expenditure of large sums of money, in order to accomplish the setting aside of shares to the respective parties, and…

1Opinion of the CourtDeemer, J.

At the time of the commencement of this action, Susan Brown owned fifty-seven sixty-fourths, N. E. Brown, two sixty-fourths, W. S. Cooper, four sixty-fourths, and the Anchor Mill Company, one sixty-fourth of the dam, and water power referred to in the above statement of the case. The appellants are mother and son, and their interests are united. They commenced this action to partition the water power among the respective owners, and asked that the shares of each be established and confirmed, and that referees be appointed to make partition, or, if it is apparent that the same cannot be…

2Cases cited5 opinions

  1. Brown v. HarperSupreme Court of Iowa · 1880
  2. Cooper v. Cedar Rapids Water Power Co.Supreme Court of Iowa · 1876
  3. Dyer v. LowellSupreme Judicial Court of Maine · 1849
  4. Field v. LeiterIllinois Supreme Court · 1886
  5. Burnham v. ThompsonSupreme Court of Iowa · 1872

3Cited by17 opinions

  1. Schnell v. SchnellNorth Dakota Supreme Court · 1984
  2. Henkel v. HenkelMichigan Supreme Court · 1937
  3. Hazen v. WebbSupreme Court of Kansas · 1902
  4. Smith v. RunnelsSupreme Court of Iowa · 1896
  5. Thompson Estate Co. v. KammOregon Supreme Court · 1923

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