Legal Opinion

Webster v. Stewart

Supreme Court of Iowa

Decided October 13, 1858PublishedCited by 11 opinions

Appeal from the Lee District Court. The petition in this case avers, that on the 6th of May, 1853, and prior thereto, plaintiff was in possession of a certain tract of land, being part of the Half-breed Tract in Lee county, upon which, as occupying claimant, under color of title and in good faith, he had made valuable improvements, (specifying them); “that under and by virtue of the occupying claimant law of the State of Iowa, he was entitled to the continued possession and…

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Appeal from the Lee District Court. The petition in this case avers, that on the 6th of May, 1853, and prior thereto, plaintiff was in possession of a certain tract of land, being part of the Half-breed Tract in Lee county, upon which, as occupying claimant, under color of title and in good faith, he had made valuable improvements, (specifying them); “that under and by virtue of the occupying claimant law of the State of Iowa, he was entitled to the continued possession and enjoyment of said premises, as against the owner in fee, until he was paid the value of said improvements; that said…

1Opinion of the Court

"Weight, C. J.

— The plaintiff seeks to recover for the value of improvements made by him upon the land of another — such improvements being made in good faith, and under color of title. At common law, he could not, in a separate action, recover, whatever the good faith with which his improvements were made, nor whatever his color of title, against one who held the superior or paramount title. On the equity side of the court, in some special cases, there might be. a recovery, but not at law. Greene v. Biddle, 8 Wheat., 1; Frear v. Hardenbergh, 5 Johns., 272.

If, therefore, the plaintiff is…

2Cases cited2 opinions

  1. Green v. BiddleSupreme Court of the United States · 1823
  2. Frear v. HardenberghNew York Supreme Court · 1810

3Cited by11 opinions

  1. Claussen v. RayburnSupreme Court of Iowa · 1862
  2. Lindt v. UihleinSupreme Court of Iowa · 1902
  3. Malone v. StretchSupreme Court of Missouri · 1878
  4. Brewer v. Folsom Bros. Co.Wyoming Supreme Court · 1931
  5. State ex rel. Jiner v. FoardSupreme Court of Missouri · 1913

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