Dostal v. McCaddon
Supreme Court of Iowa
Appeal from Johnson District Court. Action in chancery to restrain defendants from tearing down and removing a certain brick and stone vault and a bank safe contained therein, situated in a business building in Iowa City.
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Appeal from Johnson District Court. Action in chancery to restrain defendants from tearing down and removing a certain brick and stone vault and a bank safe contained therein, situated in a business building in Iowa City. It is shown by the evidence that J. H. Gower, as administrator of the estate of J. O. Gower, deceased, instituted an action of replevin to recover possession of the vaults and safe, and that defendant McCaddon, who was the sheriff, was about to execute a writ therein. To restrain this proceeding the action is brought. J. H. Gower is made a defendant. Upon a trial on the…
1Opinion of the Court
Deck, Ch. J.
The facts of the case as disclosed by the record are these: In 1856, the vault was built by J. H. *319Gower, Bros. & Co., who were then lessees of the premises upon which it is situated. The house was leased hy them of a party who owned it, but who was merely a lessee of the ground. The vault was built of stone and brick within the house, hut upon its own foundation and detached from the building. After the foundation was laid the safe was deposited in its proper place, and the walls of the vault built around it. It cannot be removed without tearing down the vault. J. H. Gower, Bros.…
2Cases cited6 opinions
- Van Ness v. PacardSupreme Court of the United States · 1829
- Northern Central Railway Co. v. Canton Co.Court of Appeals of Maryland · 1869
- Ombony v. . JonesNew York Court of Appeals · 1859
- White v. ArndtSupreme Court of Pennsylvania · 1836
- Wilgus v. GettingsSupreme Court of Iowa · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Mickle & Co. v. DouglasSupreme Court of Iowa · 1888
- Armour & Co. v. BlockSupreme Court of Georgia · 1918
- Walker v. TillisSupreme Court of Alabama · 1914
- Rowand v. AndersonSupreme Court of Kansas · 1885
- Woods v. Bank of HaywardsCalifornia Court of Appeal · 1909
3 more not listed; retrieve them via the Exa API.