Mcnamee v. Moreland
Supreme Court of Iowa
Appeal from Delaware District Court. Action of right. —Plaintiff claims of defendants, tbe heirs and legal representatives of David Moreland, deceased, “ a strip of land along the southerly side of the south half of the north half of section 4, 90, 3, and being about, etc.,” counting upon a valid title, and claiming all except one-quarter of an acre near the S. W. corner of the N. E. J of said section.
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Appeal from Delaware District Court. Action of right. —Plaintiff claims of defendants, tbe heirs and legal representatives of David Moreland, deceased, “ a strip of land along the southerly side of the south half of the north half of section 4, 90, 3, and being about, etc.,” counting upon a valid title, and claiming all except one-quarter of an acre near the S. W. corner of the N. E. J of said section. The answer denies title in plaintiff, setting up owner ship in defendants, and also quiet, uninterrupted, con tinuous and adverse possession in themselves and their ancestor, David Moreland,…
1Opinion of the CourtWright, J.
— This ease may be called, not inaptly, the sequel to Moreland v. Page, 2 Iowa, 139, decided in 1855. The parties own land, the plaintiff north and down to the center line, east and west, dividing sec. 4, T. 90, B. 3, the defendants south, and claiming to the same line as their northern boundary. And thus it will be seen, that as they claim to the same line, the one from the north and the other from the south, the point of controversy must be as to the true location of such line. In the previous case, Moreland, the ancestor of defendants, and plaintiff therein, insisted that his northern…
2Cases cited16 opinions
- Bender v. FrombergerSupreme Court of the United States · 1806
- Lucas v. HartSupreme Court of Iowa · 1857
- Kip v. BrighamNew York Supreme Court · 1810
- Benje v. Creagh's Adm'rSupreme Court of Alabama · 1852
- Shelton v. AlcoxSupreme Court of Connecticut · 1836
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3Cited by18 opinions
- Kuiken v. GarrettSupreme Court of Iowa · 1952
- Krell v. Maryland Drydock Co.Court of Appeals of Maryland · 1945
- Goodnow v. LitchfieldSupreme Court of Iowa · 1884
- Litchfield v. SewellSupreme Court of Iowa · 1896
- Hoskins v. Hotel Randolph Co.Supreme Court of Iowa · 1927
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