Kimball v. Shoemaker
Supreme Court of Iowa
Appeals from Council Bluffs Superior Court. — Hon. ■E. E. Aylesworth, Judge.- Actiohs to recover damages caused by a trespass upon real estate and the destruction oí fences. The causes were tried together by the court without the intervention of a jury, and judgment was rendered in favor of the plaintiff, in each case. The defendant appeals.
1Opinion of the CourtRobinson, J.
I. Each plaintiff claims to own a part of the north half of the northeast quarter of section ‘ title to pv'op ■ erty: evidence. 33, in township 75 north, of range 44 west, in Pottawattamie county, and to . have been m possession thereof for many years; In November, 1888, the tracts claimed by them were inclosed with a wire fence. About the twenty-first day of that month the marshal of Council Bluffs, acting by virtue of a resolution of the city council, removed and destroyed a portion of it. The plaintiffs rebuilt it, and early in December, 1888, the defendant and others again destroyed it.…
2Cited by6 opinions
- Babb's, Inc. v. BabbSupreme Court of Iowa · 1969
- Wernet v. JurgensenSupreme Court of Iowa · 1950
- Paxton v. RossSupreme Court of Iowa · 1894
- Currier v. JonesSupreme Court of Iowa · 1903
- Horst v. HandkeSupreme Court of Iowa · 1921
1 more not listed; retrieve them via the Exa API.