Walrod v. Flanigan
Supreme Court of Iowa
Appeal from Webster District Court. — Hon. S. M. Weaver, Judge. This is a proceeding under tlie statute (Laws 1874, ch. 8) for the establishment of a lost corner.
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Appeal from Webster District Court. — Hon. S. M. Weaver, Judge. This is a proceeding under tlie statute (Laws 1874, ch. 8) for the establishment of a lost corner. The corner in dispute is the quarter corner between sections 14 and 23, in township 89, range 30. The commissioners appointed by the court made a report in which they designate a point on a right line between the section corners east and west of the corner in dispute, and equidistant from them, as the true location of the corner. The district court set the report aside, and, on the evidence taken before the commissioners, and…
1Opinion of the CourtReed, J.
— The sole ground on which we are asked to reverse the judgment is that it is contrary to the evidence. No other question is raised by the assignment of errors, or argued by counsel. There are two sufficient reasons why we cannot disturb the judgment on that ground.
1. Boundaries establishing lost corner: evidence on appeal. I. The cause is not triable de novo in this court, but is to be determined on the errors assigned. The judgment implies a finding by the court . , , , . . that the corner was established, m the origina* surve7 °f the land, at the point designated by the judgment. That…
2Cases cited5 opinions
- Fulliam v. City of MuscatineSupreme Court of Iowa · 1886
- Porter v. StoneSupreme Court of Iowa · 1883
- Love v. DonaldsonSupreme Court of Iowa · 1884
- Wisconsin, Iowa & Nebraska R'y Co. v. SecorSupreme Court of Iowa · 1886
- Woodrum v. CarraherSupreme Court of Iowa · 1886
3Cited by1 opinion
- Weikamp v. JungersSupreme Court of Iowa · 1911