Kipp v. Coenen
Supreme Court of Iowa
Agypeal from Shelby Disfriet Ooxvrt. Action to recover of defendants possession of certain real estate, and for damages alleged to have been sustained by being kept out of possession.
Read the full summary
Agypeal from Shelby Disfriet Ooxvrt. Action to recover of defendants possession of certain real estate, and for damages alleged to have been sustained by being kept out of possession. The plaintiffs do not claim to hold the legal title to the land in controversy, it being conceded that the legal title is in the Chicago, Rock Island and Pacific R. Co. They claim to have acquired the right to use the land for the erection of a grain house thereon; that defendants, well knowing that plaintiffs had acquired such right, entered upon the premises and erected an elevator,' and wrongfully keep the…
1Opinion of the Court
Adams, Oh. J.
i.,basement: license to eroot building: power to revoke. — To justify a recovery against the defendants it is necessary that the -plaintiffs should show a right which they could enforce against the railroad company. They claim that they have such right, t^ , , , . ,. %P to-wit: an easement m the land m question, lhe evidence shows that between the railroad grounds and the street were certain lots owned by one McDonald; that the plaintiffs purchased one of the McDonald lots to facilitate them in the use of the grain house which they expected to erect upon the railroad grounds…
2Cases cited2 opinions
- Wickersham v. OrrSupreme Court of Iowa · 1859
- Beatty v. GregorySupreme Court of Iowa · 1864
3Cited by6 opinions
- Rehmann v. City of Des MoinesSupreme Court of Iowa · 1925
- Rogers v. CoxIndiana Supreme Court · 1884
- Robinson v. LutherSupreme Court of Iowa · 1909
- Halpin & Co. v. McCuneSupreme Court of Iowa · 1899
- Butte & Boston Consolidated Mining Co. v. Montana Ore Purchasing Co.Montana Supreme Court · 1898
1 more not listed; retrieve them via the Exa API.