Bonniwell v. Madison
Supreme Court of Iowa
Appeal from Buchanan District Court. — Hon. A. S. Blair, Judge. Suit iu equity to quiet plaintiff’s title to a strip of ground two rods wide off of a certain forty acres of land in Buchanan county, Iowa. Defendant denies plaintiff’s ownership, and claims that he is entitled to the possession thereof by reason of a forfeiture growing out of a condition subsequent in the deed conveying the same to plaintiff’s grantors. Plaintiff denies the forfeiture.
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Appeal from Buchanan District Court. — Hon. A. S. Blair, Judge. Suit iu equity to quiet plaintiff’s title to a strip of ground two rods wide off of a certain forty acres of land in Buchanan county, Iowa. Defendant denies plaintiff’s ownership, and claims that he is entitled to the possession thereof by reason of a forfeiture growing out of a condition subsequent in the deed conveying the same to plaintiff’s grantors. Plaintiff denies the forfeiture. On the issues thus joined the case was tried to the court, resulting in a decree and judgment for plaintiff, and defendant appeals.
1Opinion of the Court
Deemer, O. J.
On the face of the record, plaintiff is the owner of the strip of land in dispute, through certain mesne conveyances from one Henry R. Cobb. The deed to Oobb contained this provision: “Grantee is to put in a box culvert under the road at the north end; also, one near the center of this grant, as needed. Grantee, his heirs and assigns, agree to erect and maintain a lawful fence on the entire west side of this grant, and failure to erect and maintain such a fence shall cause the land herein conveyed to revert to the grantor. The grantee, his heirs and assigns, shall not dig a ditch…
2Cases cited9 opinions
- City of Marshalltown v. ForneySupreme Court of Iowa · 1883
- Mills v. Evansville SeminaryWisconsin Supreme Court · 1883
- Rowe v. City of MinneapolisSupreme Court of Minnesota · 1892
- Gardner v. LightfootSupreme Court of Iowa · 1887
- Osgood v. AbbottSupreme Judicial Court of Maine · 1870
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Reichard v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1942
- Maginnis v. Knickerbocker Ice Co.Wisconsin Supreme Court · 1901
- East Tennessee & W. N. C. R. v. GougeCourt of Appeals of Tennessee · 1947
- Pence v. Tidewater Townsite Corp.Supreme Court of Virginia · 1920
- Galt v. ProvanSupreme Court of Iowa · 1906
6 more not listed; retrieve them via the Exa API.