Koestenbader v. Peirce
Supreme Court of Iowa
Appeal from Floyd Circuit Court. The plaintiff claims $640 and interest, and the foreclosure of a mortgage upon one hundred and sixty acres of land.
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Appeal from Floyd Circuit Court. The plaintiff claims $640 and interest, and the foreclosure of a mortgage upon one hundred and sixty acres of land. The defendant alleges that plaintiff, for the consideration of $1280, conveyed to him the lands in the petition 'described by a deed of general warranty, and that at the time-the McG-regor and Sioux City R’y Co. had condemned a strip one hundred feet wide across said premises for the purpose of constructing a. railroad thereon, whereby he has been damaged in the sum of five hundred dollars. He asks that this amount may be set off against…
1Opinion of the Court
Day, J. —
i convey-* mity • damages. I. The defendant was a witness on his own behalf,, and was asked.the following question: “Suppose the genei'al market value of the land in the spring of 1869 to have been $1280, without any railroad incumbrance upon it, what would be the general market value of that land with the railroad incumbrance on it, as it then existed, and has since been constructed and operated?”
The plaintiff objected to this question upon the following grounds: “That the witness cannot be asked the question in this form, for the reason that it seeks to elicit from the witness…
2Cases cited2 opinions
- Funk v. CreswellSupreme Court of Iowa · 1857
- Arthur v. FunkSupreme Court of Iowa · 1867
3Cited by1 opinion
- Johnson v. RuthSupreme Court of Iowa · 1909