Emsley v. Bennett
Supreme Court of Iowa
Appeal from Cerro Gordo Ci/rcwit Cowrt. Thursday, June 19. This action was brought before a justice of the peace by written petition stating that the plaintiff was entitled to the immediate possession of lot 8, in block 27, in the town of Mason City, Iowa, and that the defendant on or about the 16th day of May, 1872, by force and stealth entered upon the prior actual possession of the plaintiff and now holds the same, etc.
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Appeal from Cerro Gordo Ci/rcwit Cowrt. Thursday, June 19. This action was brought before a justice of the peace by written petition stating that the plaintiff was entitled to the immediate possession of lot 8, in block 27, in the town of Mason City, Iowa, and that the defendant on or about the 16th day of May, 1872, by force and stealth entered upon the prior actual possession of the plaintiff and now holds the same, etc. The defendant answered by written pleading denying that he entered upon the prior actual possession as alleged; denying that the plaintiff was in the actual possession of…
1Opinion of the CourtMiller, J.
The court, against appellant’s objections, permitted the defendant to amend his answer and give evidence to the jury to the effect that in a conversation between the parties the plaintiff stated that he did not claim to have any interest in the property; that, relying upon this statement, the defendant purchased the same of the owner thereof and took possession under such purchase; also evidence, under. the amended answer, tending to show that plaintiff’s prior possession was as agent for the owner and not in his own right. The court also instructed the jury, at the request of the defendant,…
2Cited by19 opinions
- Houston & T. C. R'y Co. v. JacksonTexas Supreme Court · 1884
- Judy v. CitizenIndiana Supreme Court · 1885
- Denecke v. Henry F. Miller & SonSupreme Court of Iowa · 1909
- Wernet v. JurgensenSupreme Court of Iowa · 1950
- Herkimer v. KeelerSupreme Court of Iowa · 1899
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