Hiatt v. Kirkpatrick
Supreme Court of Iowa
Appeal from Mahaska Circuit Cou/rt, Action to recover a strip of land in the southwest quarter of section 31, township 77, range 15. The plaintiff claims to own the southeast quarter of the quarter section, and the defendants the southwest quarter of the quarter section, and to a fence parallel to and standing about five rods east of the east line of the last described forty. The question is as to ■whether the fence is the division line between the parties.
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Appeal from Mahaska Circuit Cou/rt, Action to recover a strip of land in the southwest quarter of section 31, township 77, range 15. The plaintiff claims to own the southeast quarter of the quarter section, and the defendants the southwest quarter of the quarter section, and to a fence parallel to and standing about five rods east of the east line of the last described forty. The question is as to ■whether the fence is the division line between the parties. The quarter section is fractional. According to government supvey, the east eighty is full, and of course the southeast quarter of the…
1Opinion of the CourtAdams, J.
^osSo^ tatíons.0*limi" The east eighty was originally purchased by one Benjamin Kirkpatrick of the School Fund Commissioner. He assigned his contract to the plaintiff’s grantors, Samuel and Isaac Varney, to whom a patent was issued by the Governor of Iowa in 1855. The west eighty was purchased of the School Fund Commissioner by one Samuel Kirkpatrick, the defendants’ ancestor, under whom they derive title. A patent was issued to him by the Governor of Iowa in 1858. The two Kirkpatricks were brothers. Each, before his purchase, occupied the land as a claimant. Each, indeed, bought out a prior…
2Cases cited2 opinions
- Grube v. WellsSupreme Court of Iowa · 1871
- Brown v. CockerellSupreme Court of Alabama · 1858
3Cited by9 opinions
- Miller v. Mills CountySupreme Court of Iowa · 1900
- Carstensen v. BrownWyoming Supreme Court · 1925
- Heinrichs v. TerrellSupreme Court of Iowa · 1884
- Wright v. McKitrickCourt of Appeals of Kansas · 1896
- Main v. KillingerIndiana Supreme Court · 1883
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