Lathrop v. American Emigrant Co.
Supreme Court of Iowa
Appeal from Polk District Court. Action by plaintiffs to establish against defendant their title to certain lands described in the petition. The defendant filed an answer to plaintiffs’ petition, and a cross-bill setting up its title to the lands, to which plaintiffs answered. To certain counts of the answer to this cross-bill, defendant demurred. The demurrer was overruled, and defendant appeals. Further facts of the case appear in the opinion.
1Opinion of the Court
Beck, J. —
The defendant, in its cross-bill, sets up title to the lands in itself, which it derived from Calhoun county. It alleges that the. lands in- controversy were swamp lands and the title thereto vested in Calhoun county by certain congressional and state legislation, properly referred to in the' pleadings. The defendant then proceeds in the cross-bill to show that it derived title from Calhoun county under a decree of the Circuit Court of the United States for the District of Iowa, in an action brought by that county as plaintiff against the- defendant herein, and also from a deed of…
2Cases cited1 opinion
- Comstock v. AmesNew York Court of Appeals · 1867
3Cited by3 opinions
- Connell v. GalligherNebraska Supreme Court · 1893
- Hanlon v. Illinois Central RailroadSupreme Court of Iowa · 1899
- Coulthard v. McIntoshSupreme Court of Iowa · 1909