Goddard v. Winchell
Supreme Court of Iowa
Appeal from Winnebago District Cottrt. — Hon. John C. Shebwin, Judge. Action in replevin. The subject of the controversy is an aerolite. In the district court the cause was tried without the aid of a jury, and the court gave judgment for the plaintiff, from which the defendant appeals. Title to this property could not have been gained by the plaintiff by any of the common law methods of acquiring title to things real by occupancy.
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Appeal from Winnebago District Cottrt. — Hon. John C. Shebwin, Judge. Action in replevin. The subject of the controversy is an aerolite. In the district court the cause was tried without the aid of a jury, and the court gave judgment for the plaintiff, from which the defendant appeals. Title to this property could not have been gained by the plaintiff by any of the common law methods of acquiring title to things real by occupancy. If not, therefore, by occupancy, nor escheat, nor prescription, nor forfeiture, nor by alienation, then not at all; unless, having title to the land upon ivhich…
1Opinion of the CourtGranger, J.
The district court found the following-facts-, with some others, not important on this hearing: “First. That the plaintiff, John Groddard, is, .and has been since about 1857, the owner in fee simple if the north half of section number three, in township number ninety-eight., range number twenty-five, in Winnebago county, Iowa, and was such owner at the time of the fall of the meteorite hereinafter referred to. Second. That said land was prairie land, and that the grass privilege for the year 1890 was leased to one James Elickson. Third. That on the second day of May, 1890, an aerolite passed…
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