Smith v. Walker
Supreme Court of Iowa
Appeal from Dubuque District Court. The record in this case discloses the following facts, which are not in dispute, and which, for convenience, we copy from the statement in the brief of appellant’s counsel: “On the 29th day of December, 1871, the Governor of Iowa issued to the defendant company, by the then name of the Dubuque, Bellevue & Mississippi Railway Company, a patent for thirty-eight thousand acres of land, known as the Tete des Morts land grant, which patent was…
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Appeal from Dubuque District Court. The record in this case discloses the following facts, which are not in dispute, and which, for convenience, we copy from the statement in the brief of appellant’s counsel: “On the 29th day of December, 1871, the Governor of Iowa issued to the defendant company, by the then name of the Dubuque, Bellevue & Mississippi Railway Company, a patent for thirty-eight thousand acres of land, known as the Tete des Morts land grant, which patent was forthwith recorded in the proper counties; that on the 5th day of January, 1872, said railway company executed to said…
1Opinion of the Court
Rothrock, Ch. J.
1. practice, finding of fact: evidence. The action in chancery for an injunction was commenced on the 17th day of January, _ - . J 1872. It was prosecuted m the names of the Dubuque, Bellevue & Mississippi Railway Company, and James M. Walker, trustee, as plaintiffs. The final decree was entered in said cause for the plaintiffs’ on the 27th day of December, 1873. At the commencement of the suit Walker held the land as trustee to indemnify James E. Joy, who had indorsed the notes of the company for one hundred thousand dollars. Pending the suit in chancery, and during the time…
2Cited by2 opinions
- Yocum v. HaskinsSupreme Court of Iowa · 1890
- Ranzau v. DavisOregon Supreme Court · 1917