Legal Opinion

Carr v. Moore

Supreme Court of Iowa

Decided January 24, 1903PublishedCited by 21 opinions

Appeal from, Hamilton District Court. — Hon. J. R. Whitaker, Judge. Actions to quiet title in certain tracts of land, claimed as portions of the bed of a lake, added to the lands of plain iffs, respectively, by accretion or reliction. Defendant, by cross-petition in each case, asked that the tracts of land in controversy be decreed to belong to him, as owner under the swamp land grant.

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Appeal from, Hamilton District Court. — Hon. J. R. Whitaker, Judge. Actions to quiet title in certain tracts of land, claimed as portions of the bed of a lake, added to the lands of plain iffs, respectively, by accretion or reliction. Defendant, by cross-petition in each case, asked that the tracts of land in controversy be decreed to belong to him, as owner under the swamp land grant. By decree, the court found in each case against the plaintiff as to his claim of title, and against defendant as to the claim set up in his cross-petition, and dismissed the petition and cross-petition. Each…

1Opinion of the CourtMcClain, J.

The controversy relates to portions of the bed of what was at one time known as “Iowa Lake,” claimed to have been a body of water situated in Hamilton county, and in extent about a mile and a half each way, of very irregular out-liné, with a shore line of over six *154miles and an area of eight hundred and eighty-five acres. When the government urvey of the .■'Urrounding land was made in 1849, the so-called lake was meandered, and the two plaintiffs own lots platted by the surveyor as bordering on this meander line. The bed of the lake is now practically dry land, and plaintiffs claim portions of…

2Cases cited21 opinions

  1. Hardin v. JordanSupreme Court of the United States · 1891
  2. Jefferis v. East Omaha Land Co.Supreme Court of the United States · 1890
  3. County of St. Clair v. LovingstonSupreme Court of the United States · 1874
  4. Niles v. Cedar Point ClubSupreme Court of the United States · 1899
  5. Mulry v. . NortonNew York Court of Appeals · 1885

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3Cited by21 opinions

  1. Cedar Rapids Gas Light Co. v. City of Cedar RapidsSupreme Court of Iowa · 1909
  2. Foss v. JohnstoneCalifornia Supreme Court · 1910
  3. Little v. WilliamsSupreme Court of the United States · 1913
  4. State v. SorensenSupreme Court of Iowa · 1989
  5. Board of Park Commissioners v. TaylorSupreme Court of Iowa · 1906

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