McKenna v. Atherton
U.S. Circuit Court for the District of Northern Iowa
In Equity. This suit was commenced July 25, 1901, to require defendant to convey to complainant the legal title to the E. % of the N. E. % of section No. 11, Tp. 96, R. 42, in O’Brien county, this state, which it is alleged the defendant holds in trust for complainant.
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In Equity. This suit was commenced July 25, 1901, to require defendant to convey to complainant the legal title to the E. % of the N. E. % of section No. 11, Tp. 96, R. 42, in O’Brien county, this state, which it is alleged the defendant holds in trust for complainant. The land is a part of that granted by the act of Congress approved May 12, 1864, c. 84, 13 Stat. 72, to the state of Iowa, to aid in the construction of railroads in that state, and was patented to the state for the benefit of the Sioux City & St. Paul Railroad Company, but never patented to that company because of its failure…
1Opinion of the CourtReed, District Judge
(after stating the facts as above). In reversing the decision of the local land office the Commissioner of the General Land Office said of the facts:
“It is clear from the evidence in this case that McKenna has been a constant and persistent claimant for this land since 1S84, and that Mr. Toothaker was at the 'time of the contract and long before well aware that McKenna was residing upon, cultivating, and claiming the whole of the N. E. % as a homestead settler. As Mrs. Atherton was at that time living with Toothaker on the adjoining land, and continued to live with him during the years…
2Cases cited3 opinions
- Knepper v. SandsSupreme Court of the United States · 1904
- Linkswiler v. SchneiderU.S. Circuit Court for the District of Northern Iowa · 1899
- Ostrom v. WoodU.S. Circuit Court for the District of Northern Iowa · 1905
3Cited by2 opinions
- Ross v. WrightSupreme Court of Oklahoma · 1911
- Gamble v. EmerySupreme Court of Oklahoma · 1923