Legal Opinion

Wolfe v. Iowa Railway & Light Co.

Supreme Court of Iowa

Decided December 17, 1915PublishedCited by 6 opinions

Appeal from Linn District Court. — F. O. Ellison, Judge. Condemnation proceeding for railroad right of way purposes. -Both parties appealed from the award of the sheriff’s jury. In the district court, the appeals were consolidated and tried as one ease. From the award and judgment in the district court, the defendant has appealed.

1Opinion of the CourtEvans, J.

1. Eminent domain : compensation : person entitled: “owner :” vendor and vendee. I. The three plaintiffs are named in the proceedings as purported owners and parties in interest in the real estate involved. The condemnation proceedings were instituted by the defendant railway company, and the award of the sheriff’s jury was made on October 31, 1913. At that time, plaintiff Maybauer held the legal title to. the land *3involved herein, being a farm of 80 acres, subject to a contract of sale entered into by him with his coplaintiffs, John D. Wolfe and Thomas L. Wolfe, whereby Maybauer agreed to…

2Cases cited7 opinions

  1. Sheehy v. ScottSupreme Court of Iowa · 1905
  2. Stevenson v. LoehrIllinois Supreme Court · 1871
  3. Kempton v. State Ins.Supreme Court of Iowa · 1883
  4. Pinkerton v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1872
  5. Mathias v. MathiasSupreme Court of Iowa · 1914

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3Cited by6 opinions

  1. Duggan v. StateSupreme Court of Iowa · 1932
  2. State v. Bradshaw Land & Livestock Co.Montana Supreme Court · 1935
  3. State Highway Commission v. MillerSouth Dakota Supreme Court · 1968
  4. Millard v. Northwestern Manufacturing Co.Supreme Court of Iowa · 1925
  5. Eggleston v. Town of AuroraSupreme Court of Iowa · 1943

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