Legal Opinion

Adams County v. B. & M. R. Co.

Supreme Court of Iowa

Decided October 7, 1874PublishedCited by 15 opinions

Appeal from Adams District Court. . ■ This is a suit in equity to establish and quiet plaintiff’s title ,to certain lands, as being swamp lands situated in said county, • and to which the defendant claims title and over which it exercises acts of ownership.

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Appeal from Adams District Court. . ■ This is a suit in equity to establish and quiet plaintiff’s title ,to certain lands, as being swamp lands situated in said county, • and to which the defendant claims title and over which it exercises acts of ownership. The defendant denies the plaintiff’s .title; denies that the lands are swamp lands; avers that by fraud of plaintiff’s agents they were selected as such;' avers that said lands were certified to defendant in 1861, and that plaintiff had taxed said lands to defendant ever since, and recognized its ownership; and also averred the sale by…

1Opinion of the Court

Cole; J.

i. action: to quiet title: ■ party. The defendant averred specifically in its answer that the plaintiff had sold and conveyed all its interest in and title to the lands in controversy to the American , ' Emigrant Company; and on the trial it was .proved by the contract of sale and deed of conveyance by the .county to .said company that, on the 3d day of September, .1862, the, plaintiff, by its Board of Supervisors, contracted to *509sell to said company and agreed to convey, all the swamp lands in said county to which it was then or might thereafter become entitled; and on the 7th day of…

2Cases cited1 opinion

  1. Iowa Railroad Land v. Story CountySupreme Court of Iowa · 1872

3Cited by15 opinions

  1. State v. CarrCourt of Appeals for the Eighth Circuit · 1911
  2. Franklin County v. CarstensWashington Supreme Court · 1912
  3. Simpson v. Stoddard CountySupreme Court of Missouri · 1903
  4. O'Keefe v. DillenbeckSupreme Court of Oklahoma · 1905
  5. Seymour Improvement Co. v. Viking Sprinkler Co.Indiana Court of Appeals · 1928

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