Walton v. Gray
Supreme Court of Iowa
Appeal from Guthrie District Oourt. Wednesday, August 31. Action for the recovery of real property — the southwest quarter of section ten, township seventy-seven, north of range thirty, west of the fifth principal meridian, lying in Adair county, where the suit was originally brought. The plaintiffs are the patentees of the land. The defendant claims under a tax title. The venue was, on motion of defendant, changed to Guthrie county.
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Appeal from Guthrie District Oourt. Wednesday, August 31. Action for the recovery of real property — the southwest quarter of section ten, township seventy-seven, north of range thirty, west of the fifth principal meridian, lying in Adair county, where the suit was originally brought. The plaintiffs are the patentees of the land. The defendant claims under a tax title. The venue was, on motion of defendant, changed to Guthrie county. There was a trial to a jury ; verdict and judgment for plaintiff. The defendant appeals. The further facts are stated in the opinion.
1Opinion of the Court
Cole, Ch. J.
1. Action of RIGHTprove-im3 for improvements. I. The defendant, in his answer, set up a claim for improvements made upon the land, after his purchase and during his possession, and also for laxes paid 'subsequent to the sale for taxes under which he claimed. On motion of the plaintiffs these claims were stricken from the answer. This action is assigned as error. There was no error to the prejudice of defendant in this ruling. The claims were not pleaded as a set-off or counter-claim, but as claims for improvements, and such claims are properly pleadable only after the question of…
2Cases cited1 opinion
- Crum v. CottingSupreme Court of Iowa · 1867
3Cited by3 opinions
- Fogg v. HolcombSupreme Court of Iowa · 1884
- Burkhardt v. BurkhardtSupreme Court of Iowa · 1899
- Rath v. MartinSupreme Court of Iowa · 1895