Givens v. Decatur County
Supreme Court of Iowa
Appeal from Decatur District Court. Tbis was a proceeding commenced before the County Court, to pre-empt a certain parcel of tbe swamp or overflowed lands, subject to entry in said county. The plaintiffs right was denied in the County Court, and he appealed to the District Court.
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Appeal from Decatur District Court. Tbis was a proceeding commenced before the County Court, to pre-empt a certain parcel of tbe swamp or overflowed lands, subject to entry in said county. The plaintiffs right was denied in the County Court, and he appealed to the District Court. On the hearing in that court, the following facts were established: About the 1st of July, 1857, plaintiff entered upon the land, cleared off a small piece of' ground, say one-eighth of an acre, making sufiicient room to lay the foundation of a house and work about the same; that a house 14 by 16 was raised four or…
1Opinion of the CourtWright, C. J.
The petition was filed in the County Court on the 11th of August, 1857, and the cause heard in the-District Court, November 24th, 1858. At the time of the application to pre-empt, about one-eight of an acre was-cleared and four or five rounds of a house put up. Petitioner did not reside upon or near the land; nor has he since-that time made a settlement upon it, or made further improvements indicative of a bona fide intention to make ‡ claim, other than to raise the house ready for the roof. On the 1st of September, he appealed to the District Court, but before this he had left the county and…
2Cited by3 opinions
- Bixby v. Adams CountySupreme Court of Iowa · 1878
- Wilson v. McLernanSupreme Court of Iowa · 1865
- Briggs v. Jasper CountySupreme Court of Iowa · 1878