Miller v. Davison
Supreme Court of Iowa
Appeal from Scott District Cowrt. Action to recover forty acres of land in Scott county (N. W. of N. E., of 20, 78; 3), and damages for wrongful detention. The plaintiff alleges that he is the owner in fee simple and entitled to the possession; that defendant has possession and wrongfully keeps plaintiff out.
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Appeal from Scott District Cowrt. Action to recover forty acres of land in Scott county (N. W. of N. E., of 20, 78; 3), and damages for wrongful detention. The plaintiff alleges that he is the owner in fee simple and entitled to the possession; that defendant has possession and wrongfully keeps plaintiff out. The defendant, for answer, denies that plaintiff is the owner, or entitled to the possession or to damages for the detention, and avers that the defendant is the owner in fee, and as such has possession and is entitled thereto. A jury was waived, and the cause was tried to the court, who…
1Opinion of the CourtCole, J.
1ÑoMCEEfAI' pubiicluon. — The only questions made in this case relate to the sufficiency of the service of notice and the effect of the judgment in the action by the defendant herein against this plaintiff and another, whereby the title was declared quieted in this defendant. The proceedings wherein said .judgment was rendered were based on Revision of 1860, sections 3501, 3502, 3503 and 3504, being part of chapter 144, the title of which is “ Actions for the recovery of real property.” The following is a copy of the part of said chapter in question: — “ Section 3601. An action in the nature…
2Cases cited4 opinions
- Von Phul v. PennSupreme Court of Missouri · 1861
- Rutherford v. UllmanSupreme Court of Missouri · 1868
- Bates v. Chicago & North Western Railway Co.Supreme Court of Iowa · 1865
- Grant v. KingSupreme Court of Missouri · 1861
3Cited by2 opinions
- Bates v. CooleyWashington Supreme Court · 1936
- Ricks v. Wade, JudgeUtah Supreme Court · 1939