Craton v. Wright
Supreme Court of Iowa
Appeal from Van Burén District Court. In 1856, Wright, the present defendant, brought éjectment against Craton, the present plaintiff, for certain land, part of the “ Half-Breed Tract,” so called, in Lee county, and he (Wright) was found to be the owner, and recovered judgment in his favor in May, 1859. In December, 1859, Craton still being in possession, filed his petition under the occupying claimant’s law, to recover the value of the improvements.
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Appeal from Van Burén District Court. In 1856, Wright, the present defendant, brought éjectment against Craton, the present plaintiff, for certain land, part of the “ Half-Breed Tract,” so called, in Lee county, and he (Wright) was found to be the owner, and recovered judgment in his favor in May, 1859. In December, 1859, Craton still being in possession, filed his petition under the occupying claimant’s law, to recover the value of the improvements. Answer: 1st. In denial; 2d. Claiming that Craton has “ enjoyed the use of the lands described for six years before the bringing of this suit,…
1Opinion of the Court
Dillon, J. —
The appellant claims that the District Court erred in the following respects, viz:
1st. In allowing the plaintiff to recover for improvements made before the judgment’against him in the action of right. 2d. In allowing him to recover for the improvements made after the said judgment. 3d. In restricting the allowance to the defendant for rents and profits to six years. ■
These questions we proceed to consider separately and in the order above stated.
The findings of the Court below, concerning these matters, were as follows:
“ I find that the plaintiff has color of title, having been…
2Cases cited5 opinions
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