Legal Opinion

Bellows v. Todd

Supreme Court of Iowa

Decided September 23, 1874PublishedCited by 8 opinions

Appeal from Humboldt District Court. The plaintiff, on the 19th day of May, 1870, filed in the Humboldt District Court his petition alleging that he was the-owner in fee and entitled to the immediate possession of lots-numbered three and four, and the west half of the southeast quarter of section 27, township 92, north, of range 28, west, and that he was unlawfully kept out of possession of the same by^the defendant, and praying judgment for the possession and for damages.

Read the full summary

Appeal from Humboldt District Court. The plaintiff, on the 19th day of May, 1870, filed in the Humboldt District Court his petition alleging that he was the-owner in fee and entitled to the immediate possession of lots-numbered three and four, and the west half of the southeast quarter of section 27, township 92, north, of range 28, west, and that he was unlawfully kept out of possession of the same by^the defendant, and praying judgment for the possession and for damages. Notice of the commencement of the action was served on defendant on the 18th day of May, 1870. The defendant for answer…

1Opinion of the CourtDay, J.

I. The court gave the following instructions asked by plaintiff:

*215i public stead and3" rigiitiir electoi certification. *2141. “If .the jury find from the evidence that the land in *215controversy was certified to tlie State of Iowa in 1853 under Act C0I1gress of August 8, 1846, then that certification was a reservation of the lands con-Gained in such lists, and the .same could not be entered under the preemption or homestead acts by the defendant.

2. “ If the jury find from the evidence that the lands in controversy were certified to the State of Iowa by the Secretary of the Interior of the United…

2Cases cited4 opinions

  1. County of Des Moines v. HarkerSupreme Court of Iowa · 1871
  2. Meigs v. DimockSupreme Court of Connecticut · 1827
  3. Bellows v. ToddSupreme Court of Iowa · 1871
  4. Bond v. KendallSupreme Court of Vermont · 1864

3Cited by8 opinions

  1. United States v. Des Moines Navigation & Railway Co.Supreme Court of the United States · 1892
  2. Reichwald v. Commercial Hotel Co.Illinois Supreme Court · 1883
  3. Annas v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1886
  4. Franco-Texan Land Co. v. LaigleTexas Supreme Court · 1883
  5. Bellows v. LitchfieldSupreme Court of Iowa · 1891

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API