Legal Opinion

Des Moines Independent School District v. McClure

Supreme Court of Iowa

Decided May 10, 1915PublishedCited by 2 opinions

Appeal from Davis District Gov,rt. — Hon. Frank "W. Eichelberger, Judge. Action in equity.to enjoin defendant from interfering with plaintiff’s possession and use of one acre of land, and to establish plaintiff’s title and rights thereto. By cross-petition, defendant claimed to be the owner of the land and asked that his title be quieted. There was a decree for defendant. Plaintiff appeals.

1Opinion of the CourtPreston, J.

1. Estoppel : sovereign state: application of doctrine against: facts not justifying: grantee of state. The petition alleges that plaintiff is a school corporation and as such it has owned for over thirty years the grounds located as follows -. One acre square out of the southeast corner of the N. E. % of S. E. *4 of Sec. 10, Tp. 70, R. 12, in Davis County, Iowa, and during all said time has maintained thereon a schoolhouse for the purpose of conducting a public school, and has erected and maintained other outbuildings, and has dug and maintained a well on said premises; that during all said…

2Cases cited23 opinions

  1. Taraldson v. Incorporated Town of Lime SpringsSupreme Court of Iowa · 1894
  2. Indiana v. MilkDistrict Court, D. Indiana · 1882
  3. United States v. StinsonCourt of Appeals for the Seventh Circuit · 1903
  4. Board of Park Commissioners v. TaylorSupreme Court of Iowa · 1906
  5. Simplot v. City of DubuqueSupreme Court of Iowa · 1878

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3Cited by2 opinions

  1. City of Cedar Rapids v. MarshallSupreme Court of Iowa · 1925
  2. Rice v. Modern Woodmen of AmericaSupreme Court of Iowa · 1924

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