Adams County v. B. & M. R. R.
Supreme Court of Iowa
Appeal from Adams District Oówrt. Action in equity to establish and quiet title to certain land claimed by tbe plaintiff as swamp land. The defendant claims to have derived title to the same under the act of Congress of May 15, 1856, granting lands in this State to aid in the construction of railroads. The action was commenced in 1869, and the present is the third ajipeal taken in the case. Upon the first trial a judgment was rendered for the plaintiff.
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Appeal from Adams District Oówrt. Action in equity to establish and quiet title to certain land claimed by tbe plaintiff as swamp land. The defendant claims to have derived title to the same under the act of Congress of May 15, 1856, granting lands in this State to aid in the construction of railroads. The action was commenced in 1869, and the present is the third ajipeal taken in the case. Upon the first trial a judgment was rendered for the plaintiff. Upon appeal the judgment was reversed. 39, Iowa, 507. The reversal was placed upon the ground that it appeared from the evidence that the…
1Opinion of the CourtAdams, J.
1. PRACTICE : afteimai1-* diiigence. — It appears to us that the ground upon which the judgment of the court below is based is not tenable. The question of diligence was determined upon the -1 ° r a®davits which accompanied the plaintiff’s application for an order allowing it to amend and tender a new issue. It was not to be determined again, we think, upon the trial. It is true such affidavits are taken ex jocurte, and do not constitute as satisfactory evidence as might be elicited upon an examination and cross-examination of witnesses,. But they constitute the sole evidence of diligence in…
2Cases cited4 opinions
- Dodge v. GaylordIndiana Supreme Court · 1876
- Hawley v. SmithIndiana Supreme Court · 1873
- Davidson v. DallasCalifornia Supreme Court · 1860
- Stacy v. Vermont Central RailroadSupreme Court of Vermont · 1860
3Cited by34 opinions
- City of Hastings v. FoxworthyNebraska Supreme Court · 1895
- Lawson v. FordyceSupreme Court of Iowa · 1945
- Barton v. ThompsonSupreme Court of Iowa · 1881
- Hogle v. SmithSupreme Court of Iowa · 1907
- Allen v. City of DavenportSupreme Court of Iowa · 1901
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