John v. Penegar
Supreme Court of Iowa
Appeal from Davis District Court. — Hon. M. A. Boberts, Judge. Action brought by plaintiff to obtain possession of nine acres of land. The ease was commenced before a justice of the peace. Defendants filed an equitable answer, and the cause was transferred to the district court.
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Appeal from Davis District Court. — Hon. M. A. Boberts, Judge. Action brought by plaintiff to obtain possession of nine acres of land. The ease was commenced before a justice of the peace. Defendants filed an equitable answer, and the cause was transferred to the district court. The cause was then transferred to the equity calendar, and, after a trial to the court, a decree was entered finding that defendant Jasper Penegar was entitled- to the use of the land during his life, and that plaintiff was not entitled to the possession. The facts are more fully stated in the opinion. Plaintiff…
1Opinion of the CourtPreston, J.
Many matters were set up in the pleadings by both parties. As to some of these, there is no evidence, and others are not applicable to the case made. The appellant has argued some things which are not pleaded, and which are not now material. His principal contention is that the evidence is not of that clear and satisfactory character required in such cases. We have not been favored with argument by appellee. Briefly stated, the controversy, so far as plaintiff is concerned, is whether he is entitled to the possession of the land, and that is all the relief asked by him. In his reply, he…
2Cases cited4 opinions
- Allen v. McCallaSupreme Court of Iowa · 1868
- Wilson v. MillerSupreme Court of Iowa · 1864
- Truth Lodge No. 213 v. BartonSupreme Court of Iowa · 1903
- Watters v. ConnellySupreme Court of Iowa · 1882
3Cited by2 opinions
- Raub v. General Income Sponsors of Iowa, Inc.Supreme Court of Iowa · 1970
- Miller v. Electric Service Co.Supreme Court of Iowa · 1922