White v. Rittenmyer
Supreme Court of Iowa
Appeal from General Term, Eighth District (Johnson Ooimty). Action in trespass, for cutting and removing from certain lands of plaintiff a large quantity of wood and timber. Yerdict and judgment for plaintiff in the sum of $2,000. Defendant appealed to the general term, where the judgment of the district court was affirmed. He now appeals to this court.
1Opinion of the CourtBeck, J.
l. mortgage : feot of. The petition avers that the title of the land in question is in plaintiff. The answer denies plaintiff’s and sets up ownership in defendant. An is then- formed involving the title of the lands, but it is not shown by the pleadings upon what facts the parties base their respective claims. From the evidence we learn that the title of each party has a common source in James McDonald. Plaintiff’s title is derived from Agnes Gary, mother of James McDonald. James died in 1849. In 1846 he executed a mortgage to his brother Eneas upon the land, to secure $300, with ten per cent…
2Cases cited12 opinions
- Jackson ex dem. Norton v. WillardNew York Supreme Court · 1809
- Runyan v. MersereauNew York Supreme Court · 1814
- Willington v. GaleMassachusetts Supreme Judicial Court · 1810
- Smith v. DyerMassachusetts Supreme Judicial Court · 1819
- City of Norwich v. HubbardSupreme Court of Connecticut · 1852
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Severin v. ColeSupreme Court of Iowa · 1874
- Sherwood v. City of LafayetteIndiana Supreme Court · 1887
- Burns v. BurnsSupreme Court of Iowa · 1943
- Busch v. HallSupreme Court of Iowa · 1903
- Parker v. Iowa Mutual Tornado InsuranceSupreme Court of Iowa · 1935
8 more not listed; retrieve them via the Exa API.