Dungan v. Von Puhl
Supreme Court of Iowa
Appeal from the Des Moines District Court. Yon Puhl recovered judgment against Dungan for the possession of a tract of land in Lee county, and this suit is brought by Dungan to stay execution of the judgment, and to obtain payment for the improvements on the land, under chapter 80 of the Code of Iowa.
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Appeal from the Des Moines District Court. Yon Puhl recovered judgment against Dungan for the possession of a tract of land in Lee county, and this suit is brought by Dungan to stay execution of the judgment, and to obtain payment for the improvements on the land, under chapter 80 of the Code of Iowa. The petition states the value of the improvements to he $1,500 ; and the value of the land, aside from the improvements, to be $2,500 ; and prays judgment against the said Yon Puhl for the value of the said improvements, with costs, &c. The defendant put in a general denial of the allegations of…
1Opinion of the Court
Stockton J.
It is first assigned for error, that the district court rendered judgment in personam against the defendant, and ordered the land to be sold under a special execution.
We have no doubt but that the action of the court in this respect, was erroneous. The proceedings authorized to be had under chapter 80 of the Code, were designed to enable the occupying claimant of land, under color of title, who has, in good faith, made valuable improvements thereon, and who is afterwards, in the proper action, found not to be the rightful owner thereof, to have his improvements appraised, that he…
2Cases cited4 opinions
- Montgomery v. ChadwickSupreme Court of Iowa · 1858
- Whiting's Heirs v. Taylor's HeirsCourt of Appeals of Kentucky · 1839
- Barnett v. HigginsCourt of Appeals of Kentucky · 1836
- Haskins v. SpillerCourt of Appeals of Kentucky · 1835
3Cited by19 opinions
- Texas & Pacific Railway Co. v. MangumTexas Supreme Court · 1887
- Pittsburg Water Heater Co. v. SullivanTexas Supreme Court · 1926
- Childs v. ShowerSupreme Court of Iowa · 1865
- McCloy & Trotter v. ArnettSupreme Court of Arkansas · 1886
- Parsons v. MosesSupreme Court of Iowa · 1864
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