Burns v. Keas
Supreme Court of Iowa
Appeal from Dubuque District Cowri. Action to recover the possession of real property known as the south part of lot 593 in the city of Dubuque and particularly described in the petition. The cause was tried in the District Court upon an agreed statement of facts.
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Appeal from Dubuque District Cowri. Action to recover the possession of real property known as the south part of lot 593 in the city of Dubuque and particularly described in the petition. The cause was tried in the District Court upon an agreed statement of facts. These facts, so far as necessary for the determination of the point made in the court, are, in substance, as follows: Margaret McCabe, a widow without children, being the owner in her own right, of the part of lot in controversy, intermarried with Edward Keas, a widower with sis children. After the marriage, Edward Keas, with his…
1Opinion of the CourtCole, J.
l practice: agreed statement of facts, I. The agreed statement which is part of the record and must be so considered, sets forth that “the plaintiffs are entitled to recover the whole of , said real estate, excepting tne improvements, unless prevented by the facts hereinafter stated, &c.” We construe this to be in effect only a submission of the question of title to the real estate, aside from the improvements; leaving the question as to the right to the improvements, or compensation for them under the occupying claimant law, tó be hereafter settled. It follows, therefore, that so far as the…
2Cited by26 opinions
- Getchell & Martin Lumber & Manufacturing Co. v. Peterson & SampsonSupreme Court of Iowa · 1904
- Holmes v. HolmesSupreme Court of Oklahoma · 1910
- Estate of Kuhn v. KuhnSupreme Court of Iowa · 1904
- Cotton v. WoodSupreme Court of Iowa · 1868
- McGuire v. BrownSupreme Court of Iowa · 1875
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