Brown v. Bridges
Supreme Court of Iowa
Appeal from Des Momes Ovremi Court. The plaintiff filed in the Des Moines circuit court a petition aEeging that -fie was seized and possessed of the N. "W. ^ of S. E. l¡ section 20, township 72, range 3, and the W. % of N. E. section 29, township 72, range 3. That the defendant broke and entered said close, and broke down and removed the fences, etc.
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Appeal from Des Momes Ovremi Court. The plaintiff filed in the Des Moines circuit court a petition aEeging that -fie was seized and possessed of the N. "W. ^ of S. E. l¡ section 20, township 72, range 3, and the W. % of N. E. section 29, township 72, range 3. That the defendant broke and entered said close, and broke down and removed the fences, etc. That the defendant cut down eighty rods of osage orange hedge adjoining . plaintiff’s close, and deposited the rubbish on plaintiff’s premises. That defendant dug a trench upon and along said close and removed therefrom a large quantity of earth.…
1Opinion of the CourtDay, J.
— Upon the instructions given arise all the alleged errors. We will consider only those insisted upon in the argument.
i. adverse stauSISo?N: limitations. I. The court instructed the jury as follows: “ If the plaintiff had been in peaceable possession of the land up to the hedge, and cultivated and claimed it as his, and such claim of ownership has been 0pen and notorious and adverse to all the world for more than ten years, then he would have the same right to recover for a trespass upon it as if he had had a title direct from the government, and it wrould make no difference what or where the…
2Cases cited5 opinions
- Stuyvesant v. TompkinsNew York Supreme Court · 1812
- Wickham v. FreemanNew York Supreme Court · 1815
- Burdick v. HeivlySupreme Court of Iowa · 1867
- Hoben v. Burlington & Missouri River RailroadSupreme Court of Iowa · 1866
- Ruble v. McDonaldSupreme Court of Iowa · 1865
3Cited by25 opinions
- Coastal Oil & Gas Corp. v. Garza Energy TrustTexas Supreme Court · 2008
- Grube v. WellsSupreme Court of Iowa · 1871
- Rogers v. DuhartCalifornia Supreme Court · 1893
- Dodge v. DavisSupreme Court of Iowa · 1892
- Belair v. C. & N. W. R.Supreme Court of Iowa · 1876
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