Dwyer v. Christianson
Supreme Court of Iowa
Appeal from Hamilton District Gourt. — H. E. Fry, Judge. Action in equity to restrain defendants from building a fence and obstructing the free use by plaintiff of his land. A temporary injunction was issued. On the final hearing, the court decided that plaintiff has a good title by adverse possession to tbe land in dispute, dismissed defendant’s cross-petition, claiming - title, and made the temporary injunction permanent against the- defendants. The defendants appeal.
1Opinion of the CourtPreston, J.
This case grows out of a similar state of facts found in Bryan v. Christianson, 188 Iowa 669. A plat will be there found, showing the general situation. The land in question in the instant case is Lot 2, and is north of Iowa Lake.
The plaintiff claims to be the owner in fee simple of the west half of the northeast quarter of Section 15, and that he has been in the absolute, peaceful, adverse, and undisturbed possession of the same and every parcel thereof for more than 18 years last’past, continuously, under claim of right and color of title; that, during his possession, he has constructed…
2Cases cited5 opinions
- Goulding v. ShonquistSupreme Court of Iowa · 1913
- Carr v. MooreSupreme Court of Iowa · 1903
- Hanson v. GallagherSupreme Court of Iowa · 1912
- Wilbur v. Cedar Rapids & Missouri River Railway Co.Supreme Court of Iowa · 1902
- Bryan v. ChristiansonSupreme Court of Iowa · 1920
3Cited by1 opinion
- Consolidated School District v. ThompsonSupreme Court of Iowa · 1919