Legal Opinion

Bowdish v. City of Dubuque

Supreme Court of Iowa

Decided June 5, 1874PublishedCited by 14 opinions

Appeal from, Dubuque District Court. The petition alleges in substance that on the first' day of November, A. D. 1866, he took possession of a certain piece of land in the city of Dubuque, and that -he has ever since held possession thereof, and that he put improvements thereon amounting to more than five hundred dollars, by commencing the erection of a dwelling house for the occupancy of himself and family.

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Appeal from, Dubuque District Court. The petition alleges in substance that on the first' day of November, A. D. 1866, he took possession of a certain piece of land in the city of Dubuque, and that -he has ever since held possession thereof, and that he put improvements thereon amounting to more than five hundred dollars, by commencing the erection of a dwelling house for the occupancy of himself and family. That about the 13th of December, 1868, he was notified by the proper city officials that said city held the title in fee simple from the government of the United States, to said tract of…

1Opinion of the CourtDay, J.

l landlord oomp™mfseT consideration, — It appears from the averments of the petition that plaintiff took possession of the piece of land in controversy on *he -drst day of November, 1866, and commenced erection of a dwelling house. There is no pretense that he had any interest therein, or right thereto. In about six weeks he was notified that the city owned the lot, and that he must vacate the same or pay a yearly rent for the use of it. He made diligent inquiry, and believed therefrom that the city owned the lot. There is no pretense that the city’s claim of ownership was not made in good…

2Cases cited2 opinions

  1. Tewksbury v. MagraffCalifornia Supreme Court · 1867
  2. Walker v. SedgwickCalifornia Supreme Court · 1857

3Cited by14 opinions

  1. Voss v. KingWest Virginia Supreme Court · 1889
  2. McClenahan v. StevensonSupreme Court of Iowa · 1902
  3. Beck v. Minnesota & Western Grain Co.Supreme Court of Iowa · 1906
  4. Bobell v. WagenaarOregon Supreme Court · 1922
  5. Chambers v. IrishSupreme Court of Iowa · 1906

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