Legal Opinion

Cagwin v. Chicago & Northwestern Railway

Supreme Court of Iowa

Decided May 20, 1901PublishedCited by 7 opinions

''Appeal from Marshall District Oourt. — Hon. Obed Gas-well, Judge. Action of forcible entry and detainer. The trial court ■ordered that writ of removal issue against the railway company, and dismissed the action as to defendant Hfl.nniga.-n. Roth parties appeal; but, as the railway company first perfected its appeal, it will be called “appellant,”

1Opinion of the CourtDeemer, J.

*1301 2 *1313 4 5 *129The case was tried on an agreed statement of facts, from which it appears that plaintiff and dec *130fendant Hannigan. were tenants in common, each owning an undivided half interest in some land in Marshall county; that defendant railway company owns and operates a line of railway which runs through this land; that in May 1899, defendant secured .an option from Hannigan for the purchase of his interest in a portion of the land owned by the tenants in common adjoining the railway right of way; and that on the next day the railway company elected to take the land under the option, and…

2Cases cited1 opinion

  1. Stephens v. McCloySupreme Court of Iowa · 1873

3Cited by7 opinions

  1. Denecke v. Henry F. Miller & SonSupreme Court of Iowa · 1909
  2. Chambers v. IrishSupreme Court of Iowa · 1906
  3. Music v. DelongSupreme Court of Iowa · 1930
  4. State Exchange Bank v. IblingsSupreme Court of Iowa · 1921
  5. Allen v. HounWyoming Supreme Court · 1923

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