Donahue v. Lannan
Supreme Court of Iowa
Appeal from Palo Alto Ci/rcuit Court. Aotion to recover damages for trespass committed upon plaintiffs’ land by defendant. There was a verdict for plaintiffs, which, upon motion, the court set aside, and rendered a judgment dismissing plaintiffs’ action, and for costs. Plaintiffs appeal.
1Opinion of the CourtBeoK, J.
I. The trespass committed by defendant, for which the action is brought, consisted in entering upon 1. vebdiot: cifserctiouol' plaintiffs’ land, and tearing down, destroying and removing a certain fence. The defendant, in substance, alleges in his answer that he holds the title and possession of the land whereon the fence stood, and, in exercise of his right, he removed it. The answer shows that the controversy grows out of a disputed line dividing the lands of the parties. The defendant alleges that he and the grantee of plaintiffs, in 1861, settled by agreement *74the boundary between their…
2Cited by4 opinions
- Van Wagenen v. ParsonsSupreme Court of Iowa · 1898
- Hopkins v. Knapp & Spalding Co.Supreme Court of Iowa · 1894
- Morgan v. WagnerSupreme Court of Iowa · 1890
- Wacha v. BrownSupreme Court of Iowa · 1889