Skinner v. Crawford
Supreme Court of Iowa
Appeal from, Jones District Gourt. This is an action for tbe possession of a strip of land across tbe south side of a certain described forty acres of land, four rods wide at tbe east end and three rods wide at the west end. The defendant filed an answer denying all tbe allegations of tbe petition, and pleading tbe statute of limitations. Tbe cause was tried to a jury and a verdict was returned for tbe plaintiff.
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Appeal from, Jones District Gourt. This is an action for tbe possession of a strip of land across tbe south side of a certain described forty acres of land, four rods wide at tbe east end and three rods wide at the west end. The defendant filed an answer denying all tbe allegations of tbe petition, and pleading tbe statute of limitations. Tbe cause was tried to a jury and a verdict was returned for tbe plaintiff. Tbe motion for a new trial was overruled, and judgment was entered for tbe plaintiff. Tbe defendant appeals.
1Opinion of the CourtDay, J.
The court, amongst other instructions, upon its own motion, directed the jury as follows:
i. adverse iinentionV statuteoflimitattons. “ 7. As before seen, the burden of proof in establishing adverse possession is on the party setting it up, and the facts constituting such possession must be satisfactorily established; if the defendant when he toot pos . , . , , . , . „ . session ox the land m controversy, if you nnd that he did take possession of it,. only intended to claim and occupy the northeast one-fourth of the northeast one-fourth of section 22, town and range aforesaid, but by mistake…
2Cases cited2 opinions
- Grube v. WellsSupreme Court of Iowa · 1871
- State v. WelptonSupreme Court of Iowa · 1871
3Cited by16 opinions
- Miller v. Mills CountySupreme Court of Iowa · 1900
- Keller v. HarrisonSupreme Court of Iowa · 1910
- Klinkner v. SchmidtSupreme Court of Iowa · 1901
- Van Ormer v. HarleySupreme Court of Iowa · 1897
- McDonald v. FoxNevada Supreme Court · 1889
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