Otis v. Morgan
Supreme Court of Iowa
Appeal from Sioux Circuit Court. This is an action to recover damages for an alleged trespass upon the plaintiff’s real estate. The cause was submitted to the court upon an agreed statement of facts, and judgment was rendered for the plaintiff. The defendant appeals.
1Opinion of the Court
Day, Cii. J.
— The amount in controvesy being less than one hundred dollars, the judge who tried the cause certified the questions upon which our opinion is desired as follows: “First, would a fractional quarter section’ of about 80 acres of land, around which a single furrow was plowed, and on which the owner has a garden of three acres and has broken eight acres, and on a part of the unbroken land he had cut down some ash brush preparatory to mowing the same — said land except the garden and the part broken being in its natural unbroken state, and all of it unfenced — be all deemed improved…
2Cases cited1 opinion
- Delaney v. ErricksonNebraska Supreme Court · 1881
3Cited by3 opinions
- Lazarus v. PhelpsSupreme Court of the United States · 1894
- Monroe v. CannonMontana Supreme Court · 1900
- Block v. McLaughlin, Circuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County1962