Legal Opinion

Rood v. Wallace

Supreme Court of Iowa

Decided May 26, 1899PublishedCited by 9 opinions

Appeal from Humboldt District Court. — IioN. Lot Thomas, Judge. Ti-ibse are controversies over about eight hundred acres of land lying in Humboldt county, Iowa, which was meandered by the original government surveyors, and designated on the plat as “Owl Lake.” Plaintiffs claim title under act of congress of September 28, 1850, commonly known as the “Swamp-Land Grant.”

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Appeal from Humboldt District Court. — IioN. Lot Thomas, Judge. Ti-ibse are controversies over about eight hundred acres of land lying in Humboldt county, Iowa, which was meandered by the original government surveyors, and designated on the plat as “Owl Lake.” Plaintiffs claim title under act of congress of September 28, 1850, commonly known as the “Swamp-Land Grant.” Defendants claim that the lands were unsurveyed lands, belonging to the national government, and subject to entry under the homestead and pre-emption laws, and that they entered upon and are in possession of the property for the…

1Opinion of the CourtDeemer, J.

The township in which the land in controversy is situated was surveyed and platted by-the general government in the fall of the year 1851. -What was denominated upon the plat as “Owl Lake” was mean*7dered, and tlie land adjacent thereto was subdivided into regular and irregular tracts. Some of the lots were designated as “swamp lands,” and all of the tracts surveyed were sold to various parties many years before this litigation began.’ At some places this lake had well-defined banks and shore lines, and at other places it had no banks, but diverged into a slough or low, wet lands. It had some…

2Cases cited27 opinions

  1. Shively v. BowlbySupreme Court of the United States · 1894
  2. Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
  3. Pollard's Lessee v. HAGANSupreme Court of the United States · 1845
  4. Reynolds v. StocktonSupreme Court of the United States · 1891
  5. Knight v. United States Land Assn.Supreme Court of the United States · 1891

22 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Board of Park Commissioners v. TaylorSupreme Court of Iowa · 1906
  2. Carr v. MooreSupreme Court of Iowa · 1903
  3. Bigelow v. HerrinkSupreme Court of Iowa · 1925
  4. State v. NicholsSupreme Court of Iowa · 1950
  5. State v. JonesSupreme Court of Iowa · 1909

4 more not listed; retrieve them via the Exa API.

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