Legal Opinion

Gordon v. Matthes

Supreme Court of Iowa

Decided November 21, 1910Published

Appeal from Johnson District Court. — Hon. B. P. Howell, Judge. Suit in equity to establish the boundary line between plaintiff’s and defendants’ property, and to restrain defendants from removing a fence upon a certain line. A temporary writ of injunction was issued, which, upon final heáring, was made perpetual. Defendants appeal.

1Opinion of the CourtDeemer, C. J.

-The question in the case is the true boundary line between certain tracts of land owned. by the parties to the action. Plaintiff claims that the line is at a given place, because it is the true one; that, whether the true one or not, defendants have acquiesced therein for more than ten years; and that he is entitled to claim thereto by adverse possession for the statutory period. These claims are all denied by defendants.

The law of the case is well settled by previous decisions. O’ Callaghan v. Whisenand, 119 Iowa, 566; Laughlin v. Francis, 129 Iowa, 62; Bradley v. Burkhart, 139 Iowa, 323.…

2Cases cited3 opinions

  1. O'Callaghan v. WhisenandSupreme Court of Iowa · 1903
  2. Bradley v. BurkhartSupreme Court of Iowa · 1908
  3. Laughlin v. FrancisSupreme Court of Iowa · 1905

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