Vittoe v. Richardson
Supreme Court of Iowa
Appeal from Harrison District Court. The plaintiff is the owner of the west half of the north west quarter of Sec. 18-79 — 44, and the defendant owns the south-west quarter of said section.
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Appeal from Harrison District Court. The plaintiff is the owner of the west half of the north west quarter of Sec. 18-79 — 44, and the defendant owns the south-west quarter of said section. The plaintiff filed a petition stating, in substance, that one of the government corners was in fact located south of the Soldier River which runs through the section, but that such Corner could not be found, because all evidence of its actual location was lost,. He therefore asked the court to appoint a commissioner under the statute to ascertain and report as to the location of the lost corner. The…
1Opinion of the Court
Seevers, Oh. J.
1. PRACTICE: findings of commisioner: effect of. Counsel for appellant have assigned errors and only the questions thereby presented can be considered. In the Matter of the Application of Harrington, 54 Iowa, 33. The appellee insists a , .i/ the errors are not sufficiently specific and therefore do not present any question for determination. With some doubts we hold the errors are sufficiently specific to call attention to the single question pressed in the argument of counsel for the appellant. He maintains the true corner is at the place where the United States surveyor…
2Cases cited1 opinion
- In re HarringtonSupreme Court of Iowa · 1880
3Cited by6 opinions
- McGovern v. HeerySupreme Court of Iowa · 1913
- Mitchell v. WilsonSupreme Court of Iowa · 1886
- Lannigan v. AndreSupreme Court of Iowa · 1950
- Weikamp v. JungersSupreme Court of Iowa · 1911
- Rollins v. DavidsonSupreme Court of Iowa · 1892
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