Smith v. Scoles
Supreme Court of Iowa
Appeal from Jasper District Oowrt. This is a proceeding to establish a boundary line. The plaintiff, Hannah E. Smith, in her petition states in substance that she is the owner of three 40-acre tracts in section 21, township 80 N., of range 19, in Jasper county, to-wit, the W. £ of N. E. ¿ and N. W. J of S. E. ¿, She also states that the defendants own the three forties on the west; that the boundary line between her land and that of the defendants is lost; that she is…
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Appeal from Jasper District Oowrt. This is a proceeding to establish a boundary line. The plaintiff, Hannah E. Smith, in her petition states in substance that she is the owner of three 40-acre tracts in section 21, township 80 N., of range 19, in Jasper county, to-wit, the W. £ of N. E. ¿ and N. W. J of S. E. ¿, She also states that the defendants own the three forties on the west; that the boundary line between her land and that of the defendants is lost; that she is desirous of having the same established, but that the parties are unable to agree; and she asks for the appointment of a…
1Opinion of the CourtAdams, J.
The answer avers “that on May 6, 1881, the plaintiff filed her petition at law, in the distinct court of said county, relative to the present controversy” It then sets out the finding and decision of the court, in which the plaintiff’s petition was dismissed; upon the ground that there did not appear to be any such loss of boundary or controversy between the parties as to justify the appointment of a commission. It does not expressly appear from the answer that the parties were the same as those now before the court, but we infer from the finding of facts in the original case, and the manner…
2Cases cited2 opinions
- Gates v. BrooksSupreme Court of Iowa · 1882
- Harrah v. ConleyIllinois Supreme Court · 1876
3Cited by4 opinions
- Huebner v. KuberskiCourt of Appeals of Iowa · 1986
- Lawrence v. WeissSupreme Court of Iowa · 1914
- Dittmer v. MierandorfSupreme Court of Iowa · 1906
- Williams v. TschantzSupreme Court of Iowa · 1893