Hine v. K. & D. M. R.
Supreme Court of Iowa
Appeal from Lee District Court. This is an action for tlie possession of lots three, 'four, five and six in block one, in the city of Keokuk, and the land lying in front of said lots, extending from the front line of said lots to the Mississippi river, the full width of said lots.
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Appeal from Lee District Court. This is an action for tlie possession of lots three, 'four, five and six in block one, in the city of Keokuk, and the land lying in front of said lots, extending from the front line of said lots to the Mississippi river, the full width of said lots. Plaintiffs allege that they are entitled to the immediate possession of said premises, as against the defendants; that they are the owners in fee simple of said property, subject only to the rights of the public to use so much thereof as is included within the limits of Water street, for a public highway, and that…
1Opinion of the Court
Day, J.—
1. PLEADING: demurrer. I. The petition alleges that plaintiffs are the owners in fee simple of the premises in controversy, subject 0ELty to rights of the public to the use of Water street. The answer denies each and every allegation of the petition, except such as are expressly admitted. It is nowhere in the answer admitted that plaintiffs owned the property in controversy. The demurrer is general to the entire answer. For that reason, if for none other, the demurrer was properly overruled. This will be rendered fully apparent by supposing that the court had sustained the demurrer…
2Cases cited6 opinions
- Haight v. City of KeokukSupreme Court of Iowa · 1856
- Morrison v. MarquardtSupreme Court of Iowa · 1867
- Hendershott v. PingSupreme Court of Iowa · 1867
- McPhail & Co. v. HyattSupreme Court of Iowa · 1870
- Jarvis v. WorickSupreme Court of Iowa · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Long v. WilsonSupreme Court of Iowa · 1903
- McConkie v. RemleySupreme Court of Iowa · 1903
- The Tubal CainDistrict Court, S.D. New York · 1881