Lampson v. Platt
Supreme Court of Iowa
Appeal from the Fremont District Court. This was a proceeding, commenced before the county court, to pre-empt a certain quarter section of land, under chapter 156, Laws 1855, page 228, entitled an act “ To present trespass or waste on swamp or other lands, in the state of Iowa, and for other purposes.” From the decision of the county court, the plaintiff appealed to the District Court.
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Appeal from the Fremont District Court. This was a proceeding, commenced before the county court, to pre-empt a certain quarter section of land, under chapter 156, Laws 1855, page 228, entitled an act “ To present trespass or waste on swamp or other lands, in the state of Iowa, and for other purposes.” From the decision of the county court, the plaintiff appealed to the District Court. That court having decided that plaintiff was entitled to preempt the disputed land, the defendant appeals to this court; and here a motion is made, by the appellee, to dismiss the appeal, on the ground that…
1Opinion of the CourtWright, C. J.
The jurisdiction of this jcourt, to hear and determine this cause, is denied by the appellee; and this is the first question presented for determination. Section 10 of the act referred to, provides for the hearing and determination of these causes, by the county judge’s court, “ and in case the claimant’s right is contested by another, said county judge shall appoint a day when he will hear the evidence on both sides, and he shall make such decision in the case, as he may deem right, and award costs in his dis*558cretion; and be shall give to tile successful claimant) a certificate of…
2Cited by4 opinions
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