Legal Opinion

Wilbur v. Cedar Rapids & Missouri River Railway Co.

Supreme Court of Iowa

Decided February 12, 1902PublishedCited by 7 opinions

Appeal from Hamilton District Court.- — Hon. B. P. Birdsall, Judge. Action to quiet title. The cross petition demanded the same relief. Decree was entered quieting title in plaintiff, and defendants appeal. —

1Opinion of the Court

Ladd, C. J. —

*66 1

*67 2

3 *65One Devore took possession of the 40 acres of land in controversy by hauling logs on it in 1864, *66and the year following built a log house and broke 27 acres. He occupied it as a claim merely until the fall of 1866, . when he sold out to plaintiff on the condition of the latter being able to enter it as a homestead. The consideration was $200, for which a receipt was given, but no conveyance was executed. Plaintiff took possession immediately, knowing title to be in the United States, and continued in the open and exclusive occupancy of the land until the spring of 1899, —…

2Cases cited14 opinions

  1. Cornelius v. KesselSupreme Court of the United States · 1888
  2. Brown v. HitchcockSupreme Court of the United States · 1899
  3. Barnes v. . LightNew York Court of Appeals · 1889
  4. Sioux City & Iowa Falls Town Lot & Land Co. v. GriffeySupreme Court of the United States · 1892
  5. Cedar Rapids & Missouri River Railroad v. HerringSupreme Court of the United States · 1884

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3Cited by7 opinions

  1. Goulding v. ShonquistSupreme Court of Iowa · 1913
  2. Lynch v. LynchSupreme Court of Iowa · 1948
  3. Hanson v. GallagherSupreme Court of Iowa · 1912
  4. Gray v. BloomSupreme Court of Iowa · 1911
  5. Iowa Railroad Land Co. v. FehringSupreme Court of Iowa · 1904

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