Dorcey v. Patterson
Supreme Court of Iowa
Appeal from the Allamakee District Court. Trespass guare dausnm fregit — for that defendants entered plaintiffs close, tore down his fence and houses, and injured the grass and herbage.
Read the full summary
Appeal from the Allamakee District Court. Trespass guare dausnm fregit — for that defendants entered plaintiffs close, tore down his fence and houses, and injured the grass and herbage. The last count of the petition charges that defendants entered the said close, and carried away certain property, then and there being found, (describing it). The answer denies the trespass — as also the title of plaintiff, or that he was ever in the actual possession of the premises, or entitled to the same. The replication re-affirms the petition, claims title by purchase from the United States, and avers…
1Opinion of the CourtWright, C. J.
The duplicate was rejected, for the reason that plaintiff had not set'forth his title in his petition. He was not bound to do this. This duplicate was his evidence, and not the instrument upon which his pleadings, or action, was founded, within the meaning of section 1759 of the Code. A party is not bound to set out in his petition, the title under which he claims in such an action. Tattersall v. Cook, 1 Iowa, 1.
After the duplicate was rejected upon the above ground, plaintiff offered the same for the purpose of proving title to the personal property named in the last count. This was objected…
2Cases cited1 opinion
- Latterett v. CookSupreme Court of Iowa · 1855
3Cited by6 opinions
- Burns v. HorkanSupreme Court of Georgia · 1906
- Boardman v. BeckwithSupreme Court of Iowa · 1865
- Blennerhassett v. Incorporated of Forest CitySupreme Court of Iowa · 1902
- Heaton v. AinleySupreme Court of Iowa · 1899
- Printz v. Cheeney & StreetSupreme Court of Iowa · 1861
1 more not listed; retrieve them via the Exa API.