Adams County v. B. & M. R. R.
Supreme Court of Iowa
Appeal from Adams District Oówrt. Action in equity to establish and quiet title to certain land claimed by tbe plaintiff as swamp land. The defendant claims to have derived title to the same under the act of Congress of May 15, 1856, granting lands in this State to aid in the construction of railroads. The action was commenced in 1869, and the present is the third ajipeal taken in the case. Upon the first trial a judgment was rendered for the plaintiff.
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Appeal from Adams District Oówrt. Action in equity to establish and quiet title to certain land claimed by tbe plaintiff as swamp land. The defendant claims to have derived title to the same under the act of Congress of May 15, 1856, granting lands in this State to aid in the construction of railroads. The action was commenced in 1869, and the present is the third ajipeal taken in the case. Upon the first trial a judgment was rendered for the plaintiff. Upon appeal the judgment was reversed. 39, Iowa, 507. The reversal was placed upon the ground that it appeared from the evidence that the…
1Opinion
on rehearing.
Eothrock, J.
— A rehearing having been ordered in this case elaborate arguments have been made by counsel, and we have again examined the questions involved, and the result of such examination is that we adhere to the conclusion announced in the foregoing opinion.
When the cause was reversed upon the appeal, as reported in 44 Iowa, 335, it was remanded for one purpose only, which was to allow the plaintiff to show that the lands were taxed by inadvertence and mistake. An examination of the statement of facts preceding the opinion in that case shows that *100this was the only question…
2Cases cited6 opinions
- Adams County v. B. & M. R. R.Supreme Court of Iowa · 1876
- Iowa Railroad Land v. Story CountySupreme Court of Iowa · 1872
- Audubon Co. v. American Emigrant Co.Supreme Court of Iowa · 1875
- County of Buena Vista v. Iowa Falls & Sioux City RailroadSupreme Court of Iowa · 1877
- Sexton v. HendersonSupreme Court of Iowa · 1877
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