Legal Opinion

Tracy v. Newton

Supreme Court of Iowa

Decided December 7, 1881PublishedCited by 6 opinions

Appeal from Guthrie Circuit Court Action to quiet the title to a'piece of real estate, two rods •wide and eighty long, in the east half of the sontb-west quarter of section six, in township, seventy-nine, north of range thirty-one west. The plaintiff’s claim is based on bis actual and adverse possession for a period of twenty years under a claim of title. The defendants claim under a conveyance made by the plaintiff to E. B. Newton.

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Appeal from Guthrie Circuit Court Action to quiet the title to a'piece of real estate, two rods •wide and eighty long, in the east half of the sontb-west quarter of section six, in township, seventy-nine, north of range thirty-one west. The plaintiff’s claim is based on bis actual and adverse possession for a period of twenty years under a claim of title. The defendants claim under a conveyance made by the plaintiff to E. B. Newton. Judgment for the plaintiff and defendants appeal.

1Opinion of the CourtSeevers, J.

We understand the facts to be that in 1853 or 1854 the plaintiff purchased of the general government the southwest quarter of section six, in township seventy-nine, north of range twenty-one west, and a patent was afterward issued to him therefor. At the time of the purchase it was agreed between the plaintiff and E. B. Newton a town should be laid out on a part of the land, and such portion was to be conveyed to, Newton. “Such portion was selected and the south line of the town was to be the plaintiff’s north line and such line was supposed to commence at a point forty-four rods north of the…

2Cases cited5 opinions

  1. Hamilton v. WrightSupreme Court of Iowa · 1870
  2. Brown v. BridgesSupreme Court of Iowa · 1870
  3. Jones v. HockmanSupreme Court of Iowa · 1861
  4. Hiatt v. KirkpatrickSupreme Court of Iowa · 1878
  5. Meyer v. WeigmanSupreme Court of Iowa · 1877

3Cited by6 opinions

  1. Miller v. Mills CountySupreme Court of Iowa · 1900
  2. Carstensen v. BrownWyoming Supreme Court · 1925
  3. Kell v. LundSupreme Court of Iowa · 1896
  4. Blennerhassett v. Incorporated of Forest CitySupreme Court of Iowa · 1902
  5. Fredricksen v. BierentSupreme Court of Iowa · 1912

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