Dittmer v. Mierandorf
Supreme Court of Iowa
Appeal from Sioux District Court.— Hon. G. W. Wake-field, Judge. Action to establish a lost comer. There was a judgment dismissing the petition, from which the plaintiff appeals.—
1Opinion of the CourtSherwin, J.
This action was brought to establish a corner common to sections 2 and 3 in Reading township, and sections 34 and 35 in Center township; plaintiff being the owner of the S. E. ^4 of the S. E. % of section 34 in Center township. The defendant Mierandorf alone answered, pleading two former adjudications, one in 1894, and the other in 1903. After a trial, the court sustained the plea and dismissed the petition. The sole' question for determination on this appeal is whether the adjudications in the former proceedings bind this plaintiff.
1. Lost corners: re-iocation: res judicata. In the fall of…
2Cases cited6 opinions
- Morrisey v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1890
- Oppenheimer Bros. v. ElmoreSupreme Court of Iowa · 1899
- Nesselroad v. ParrishSupreme Court of Iowa · 1879
- Smith v. ScolesSupreme Court of Iowa · 1885
- Newton v. TemplemanSupreme Court of Iowa · 1902
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