Miller v. Mills County
Supreme Court of Iowa
Appeal from Mills District Court. — Hon. A. B. Thornell, Judge. The plaintiff is the owner of the E. -J of N. W. ¿ and the W. \ of N. E. \ of section 21, township 72, range 42, Mills county; and the defendant, of the N. E. \ of N. E. ¿ of said section. In July, 1897, the defendant removed one hundred and eighty feet of the fence on the north end of the boundary, recognized since 1860, from sixteen to twenty feet to tbe west, and took possession of tbe intervening strip.
Read the full summary
Appeal from Mills District Court. — Hon. A. B. Thornell, Judge. The plaintiff is the owner of the E. -J of N. W. ¿ and the W. \ of N. E. \ of section 21, township 72, range 42, Mills county; and the defendant, of the N. E. \ of N. E. ¿ of said section. In July, 1897, the defendant removed one hundred and eighty feet of the fence on the north end of the boundary, recognized since 1860, from sixteen to twenty feet to tbe west, and took possession of tbe intervening strip. This is an action to eject the defendant therefrom. • Trial to the court, and from a judgment dismissing her petition the…
1Opinion of the CourtLadd, J.
1 Between the forties is a hedge, which previous to 1897 formed the lower part of the division fence. This was set out by the defendant’s grantor, Jesse Miller, in 1867, as close as possible to the east side of a board fence which had been erected by him along the entire line in 1860. At that time the government monuments at the northeast corner of the section and at the quarter corner to the west were intact, and stakes for the division fence were set with reference to them, — whether by measurement, does not appear. The hedge was trimmed and cared for by Jesse Miller and the county, which…
2Cases cited39 opinions
- Diehl v. ZangerMichigan Supreme Court · 1878
- Grube v. WellsSupreme Court of Iowa · 1871
- Sneed v. OsbornCalifornia Supreme Court · 1864
- Watrous v. MorrisonSupreme Court of Florida · 1894
- Stewart v. CarletonMichigan Supreme Court · 1875
34 more not listed; retrieve them via the Exa API.
3Cited by88 opinions
- Quinn v. BaageSupreme Court of Iowa · 1907
- Holmes v. JudgeUtah Supreme Court · 1906
- Ollinger v. BennettSupreme Court of Iowa · 1997
- Turner v. CreechWashington Supreme Court · 1910
- Dwight v. City of Des MoinesSupreme Court of Iowa · 1916
83 more not listed; retrieve them via the Exa API.