Stephens v. McCloy
Supreme Court of Iowa
Appeal from Jaclcson Circuit Court. Action of forcible entry and detain^. The plaintiffs allege in tbeir petition that on the 4th day of October, 1871, and for a long time prior thereto, they were in possession of the land described in their petition, and that the defendant by force, fraud, intimidation and stealth, entered upon such real estate and took possession of it, and ousted plaintiffs of their actual possession.
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Appeal from Jaclcson Circuit Court. Action of forcible entry and detain^. The plaintiffs allege in tbeir petition that on the 4th day of October, 1871, and for a long time prior thereto, they were in possession of the land described in their petition, and that the defendant by force, fraud, intimidation and stealth, entered upon such real estate and took possession of it, and ousted plaintiffs of their actual possession. The defendant denies all these allegations and states that he is entitled to the possession of the said premises; that he came into such possession in 1848, and that he has…
1Opinion of the CourtDay, J.
— I. The land in controversy is two small lots included in the west fraction one-half of the N. W. i of section 30, township 84, range 3, which lies contiguous to the city of Maquoketa in Jackson county. The plaintiffs sought to establish their actual possession of the tracts in dispute, in part by showing a survey of the fractional eighty, which includes them, prior to the act of defendant complained of. From the evidence it appears that the plaintiffs caused two surveys of said eighty to be made. The first, for the determinadon of the boundaries of the tract, was made from the 1st to the…
2Cases cited1 opinion
- Langworthy v. MyersSupreme Court of Iowa · 1856
3Cited by7 opinions
- Denecke v. Henry F. Miller & SonSupreme Court of Iowa · 1909
- Herkimer v. KeelerSupreme Court of Iowa · 1899
- Cagwin v. Chicago & Northwestern RailwaySupreme Court of Iowa · 1901
- Steele v. NorthupSupreme Court of Iowa · 1969
- Woodward v. DeanSupreme Court of Iowa · 1877
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