Dodge v. Davis
Supreme Court of Iowa
Appeal from Appanoose District Court. — Hon. C. H. Traverse, Judge. .Action by a tenant in common, owning a two-thirds interest in certain real estate, against her co-tenant, owning a one-third interest therein, for damages for waste committed by cutting trees growing on the land; also for the use of the land. The answer is a denial of the averments of the petition, and avers that the defendant is the sole owner. There was a verdict and judgment for the plaintiff.
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Appeal from Appanoose District Court. — Hon. C. H. Traverse, Judge. .Action by a tenant in common, owning a two-thirds interest in certain real estate, against her co-tenant, owning a one-third interest therein, for damages for waste committed by cutting trees growing on the land; also for the use of the land. The answer is a denial of the averments of the petition, and avers that the defendant is the sole owner. There was a verdict and judgment for the plaintiff. The defendant appeals.
1Opinion of the CourtKinne, J.
The plaintiff claims that she and the defendant are tenants in common of the west half of *79the northwest quarter of section 9, township 67, range' 16; the plaintiff owning two-thirds of said land, and the defendant one-third thereof. She avers that the defendant has ousted her from the possession of the land, and has held the sole possession of it since March 1, 1889; that he claims an exclusive right and title to said land, against the plaintiff, and denies the plaintiff’s right to participate in its profits, and claims the exclusive right to use and occupy said land, and to enjoy its rents…
2Cases cited6 opinions
- Burns v. ByrneSupreme Court of Iowa · 1876
- Koon v. TramelSupreme Court of Iowa · 1887
- Brown v. BridgesSupreme Court of Iowa · 1870
- Austin v. BarrettSupreme Court of Iowa · 1876
- Sears v. SellewSupreme Court of Iowa · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Williamson v. JonesWest Virginia Supreme Court · 1897
- Branch v. WhiteNew Jersey Superior Court Appellate Division · 1968
- State v. ArnwineNew Jersey Superior Court Appellate Division · 1961
- Textile Workers Union v. Paris Fabric Mills, Inc.New Jersey Superior Court Appellate Division · 1952
- Tutt v. SmithSupreme Court of Iowa · 1924
22 more not listed; retrieve them via the Exa API.