Plank v. Reinhart
Supreme Court of Iowa
'Boundary Lines s adverse possession : appointment op commissioner,. Appeal from Howard District Court. — Hon. S. E. Fellows, Judge. This is a proceeding under chapter 8 of the Acts of the Fifteenth General Assembly to establish disputed lines and corners of certain lands. The plaintiff made application for the appointment of a commission to make a survey, and establish the disputed boundaries. The defendant resisted the appointment of ■ the commission.
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'Boundary Lines s adverse possession : appointment op commissioner,. Appeal from Howard District Court. — Hon. S. E. Fellows, Judge. This is a proceeding under chapter 8 of the Acts of the Fifteenth General Assembly to establish disputed lines and corners of certain lands. The plaintiff made application for the appointment of a commission to make a survey, and establish the disputed boundaries. The defendant resisted the appointment of ■ the commission. The appointment was made, and the defendant Reinhart appeals.
1Opinion of the CourtRothrock, C. J.
The application appears to us to be in due form. The defendant Reinhart filed certain objections and affidavits from which it appears that he has held adverse possession of the land up to the line claimed by him for a sufficient time to acquire title by prescription. If we understand the case the plaintiffs claim that there has been no adverse possession. The order appointing the commissioner provided that he should “make a survey, and take the testimony of witnesses who may be able to identify any original government corner or witness thereto, government line or tree, or other noted Object,…
2Cases cited1 opinion
- Davis v. CurtisSupreme Court of Iowa · 1885
3Cited by2 opinions
- State ex rel. Engelhard v. WeberSupreme Court of Minnesota · 1905
- Christiansen v. KrieselWisconsin Supreme Court · 1907