Colvin v. McCasky
Supreme Court of Iowa
Appeal from Adams District Court. Bill in equity to set aside a certificate of a swamp land pre-emption. The complainant represents that on the 7th July A. D. 1857, he proved up his right to a pre-emption, and obtained a certificate thereof, to the NW-]r of SW-4 (timber) of section 7, Township 71, north range 34, west, and that after he had so proved his right and obtained his certificate, the defendant wrongfully and for the purpose of injuring him and depriving him of his…
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Appeal from Adams District Court. Bill in equity to set aside a certificate of a swamp land pre-emption. The complainant represents that on the 7th July A. D. 1857, he proved up his right to a pre-emption, and obtained a certificate thereof, to the NW-]r of SW-4 (timber) of section 7, Township 71, north range 34, west, and that after he had so proved his right and obtained his certificate, the defendant wrongfully and for the purpose of injuring him and depriving him of his land, commenced to improve the same parcel, and on the-day of September A. D. 1857, proved up a claim upon the same and…
1Opinion of the CourtWoodwabd, J.
The larger and more essential part of the demurrer objects that the bill does not state the existence of those facts which were requisite to constitute a valid pre-emption right; such as that the petitioner proved up his claim within the sixty days; that there was no other claim on the land at the time he proved; and that the bill does not show but that there was a contest before the county judge at the time, &e. It is not necessary for the complainant to allege in his bill facts which were requisite in order to constitute or to prove his right. These were to be shown to the county judge, and…
2Cited by2 opinions
- Bixby v. Adams CountySupreme Court of Iowa · 1878
- Walker v. PlumerSupreme Court of Iowa · 1876