Ross v. Ferree
Supreme Court of Iowa
Appeal from Wapello District Court. — Hon. W. I. Babb, Judge. Action in equity to enjoin the defendants from interfering with the plaintiff’s possession of a small strip of ground off of the south side of lot 3 in Ferree & Muir’s addition to the city of Ottumwa, and for decree declaring the plaintiffs to be the owners of said strip of land. Defendants answered, denying plaintiffs’ right to the possession of said strip of land, or to> be quieted in the title thereto.
Read the full summary
Appeal from Wapello District Court. — Hon. W. I. Babb, Judge. Action in equity to enjoin the defendants from interfering with the plaintiff’s possession of a small strip of ground off of the south side of lot 3 in Ferree & Muir’s addition to the city of Ottumwa, and for decree declaring the plaintiffs to be the owners of said strip of land. Defendants answered, denying plaintiffs’ right to the possession of said strip of land, or to> be quieted in the title thereto. Defendant J. D. Ferree, ■ by way of cross bill, alleges that he is the owner of said-lot 3, including said strip of land, that…
1Opinion of the CourtGiven, C. J.
I. The following facts, out of which this contention grows, appear without question, or are fairly established by the evidence:
On November 7,1891, the defendants, J. D. Ferree and T. E. Muir, executed and acknowledged a plat of their subdivision of certain lands owned by them, as an addition to the city of Ottumwa. This, plat was not filed for record until April 19, 1892. The following is a copy of the plat, as executed and recorded, except as to the two dotted lines:
At the time the subdivision was made, only the outer boundaries were marked'•by stakes. On April 12 and 15, 1892, stakes were…
2Cases cited3 opinions
- Hubbard & Spencer v. Hartford Fire Ins.Supreme Court of Iowa · 1871
- Sweezey v. CollinsSupreme Court of Iowa · 1875
- Smith v. CramerSupreme Court of Iowa · 1874
3Cited by10 opinions
- Bramwell v. RowlandOregon Supreme Court · 1927
- Minear v. Keith Furnace Co.Supreme Court of Iowa · 1931
- O'Dell v. HansonSupreme Court of Iowa · 1950
- Jordan v. FerreeSupreme Court of Iowa · 1897
- Monona County v. GraySupreme Court of Iowa · 1925
5 more not listed; retrieve them via the Exa API.