Legal Opinion

Boehler v. City of Des Moines

Supreme Court of Iowa

Decided May 16, 1900PublishedCited by 3 opinions

Appeal from Polk District Gourt. — Hon. C. P. Holmes, Judge. Plaintiee, Louisa Boehler, began this action against the defendant to recover damages for trespass committed on certain real estate, and to enjoin further like acts. J. S. Harber and others intervened, claiming title to the property in question,- and praying that it be quieted against plaintiff and defendant. The city, in its answer, also claims title to the property, and by cross bill seeks to have same quieted.

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Appeal from Polk District Gourt. — Hon. C. P. Holmes, Judge. Plaintiee, Louisa Boehler, began this action against the defendant to recover damages for trespass committed on certain real estate, and to enjoin further like acts. J. S. Harber and others intervened, claiming title to the property in question,- and praying that it be quieted against plaintiff and defendant. The city, in its answer, also claims title to the property, and by cross bill seeks to have same quieted. The decree awards neither an injunction nor damages to plaintiff, nor does it quiet title in interveners, but it recites…

1Opinion of the Court

Waterman, I.-

The only matter to determine is as to the rights of defendant under its cross bill. The real estate in dispute, as described in plaintiff’s petition, is a tract of ground one hundred and forty-eight feet north and south along the west side of East Eront street in the city of Des Moines, and opposite to lots 1, 2, and 3, and to the alley adjoining said lots on the north in block E of Scott and Dean’s addition to East Des Moines. In defendant’s cross bill the description includes this tract, but extends it south opposite that part of block D, lying north of the south alley running…

2Cases cited5 opinions

  1. Davies v. HuebnerSupreme Court of Iowa · 1877
  2. Keene Five Cents Savings Bank v. ArcherSupreme Court of Iowa · 1899
  3. Lathrop v. Central Iowa R'y Co.Supreme Court of Iowa · 1886
  4. Cowles v. GraySupreme Court of Iowa · 1862
  5. Bradstreet v. DunhamSupreme Court of Iowa · 1884

3Cited by3 opinions

  1. Board of Park Commissioners v. TaylorSupreme Court of Iowa · 1906
  2. Scott v. BennettSupreme Court of Oklahoma · 1929
  3. Shortell v. Des Moines Electric Co.Supreme Court of Iowa · 1919

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