Page County v. B. & M. R. R.
Supreme Court of Iowa
Appeal from Page District Court. AotioN in chancery to quiet in plaintiff the title of certain lands described in the petition. The defendant sets up title in itself to the lands, and as further defense to tbe action pleads that tbe lands, or a large portion of them, have been, sold and conveyed by plaintiff, and others have been assessed and taxed, and defendant, as required by plaintiff, has paid the taxes thereon, whereby plaintiff is estopped to claim title thereto.
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Appeal from Page District Court. AotioN in chancery to quiet in plaintiff the title of certain lands described in the petition. The defendant sets up title in itself to the lands, and as further defense to tbe action pleads that tbe lands, or a large portion of them, have been, sold and conveyed by plaintiff, and others have been assessed and taxed, and defendant, as required by plaintiff, has paid the taxes thereon, whereby plaintiff is estopped to claim title thereto. A decree was rendered, after a trial upon the merits, granting the relief prayed for in the petition. Defendant .appeals.
1Opinion of the CourtBeck, J.
1. This case involves conflicting claims of title by the respective parties to the same lands under separate congressional grants. The plaintiff’s title is based upon what is known as the swamp land grant by act of Congress of Sept. 28, 1850, while defendant claims under a grant of lands to the state of Iowa to aid in the construction of certain railroads by the act of Congress of May 15,1856. The property in dispute is claimed to be a part of the lands set apart by that act for the building of a railroad from Burlington to the Missouri River. This legislation and other laws confirmatory…
2Cases cited7 opinions
- Rutherford v. Greene's HeirsSupreme Court of the United States · 1817
- Adams County v. B. & M. R. Co.Supreme Court of Iowa · 1874
- Iowa Railroad Land v. Story CountySupreme Court of Iowa · 1872
- Fremont County v. Burlington & Missouri River RailroadSupreme Court of Iowa · 1867
- Courtright v. Cedar Rapids & Missouri River R. R.Supreme Court of Iowa · 1872
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3Cited by5 opinions
- State v. CarrCourt of Appeals for the Eighth Circuit · 1911
- County of Buena Vista v. I. F. & S. C. R.Supreme Court of Iowa · 1880
- Young v. CharnquistSupreme Court of Iowa · 1901
- Connors v. MeserveySupreme Court of Iowa · 1888
- Howard County v. BullisSupreme Court of Iowa · 1878