Walker v. Plumer
Supreme Court of Iowa
Appeal from Pottawattamie District Court. On the 18th day of November, 1872, the plaintiff commenced this action for the possession of certain lands, alleging that she is the owner, and- entitled to the immediate possession thereof. The answer denies that plaintiff owns the lands; alleges that defendant owns them, and by way of cross-petition asks that plaintiff’s title be set aside, and the title of defendant be quieted and established.
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Appeal from Pottawattamie District Court. On the 18th day of November, 1872, the plaintiff commenced this action for the possession of certain lands, alleging that she is the owner, and- entitled to the immediate possession thereof. The answer denies that plaintiff owns the lands; alleges that defendant owns them, and by way of cross-petition asks that plaintiff’s title be set aside, and the title of defendant be quieted and established. On motion of defendant the cause was transferred to the equity calendar. The court decreed that the cross-petition be dismissed, and that the plaintiff…
1Opinion of the CourtDay, J.
i swamp cate? ev!-Mfl" dence The plaintiff, in making out her case in chief, introduced simply a deed for the lands in controversy from W. C. James, county judge, to Thomas A. Walker, dated January 22d, .1857; and a quit-claim deed from Thomas A. Walker to plaintiff, dated the 20th day of March, 1872. There is nothing in the evidence showing that either of these deeds has been recorded.
*407The defendant introduced the book of original entries showing the land in controversy to be swamp land; the book styled swamp land book, in auditor’s office, showing that the land in controversy was pre-empted…
2Cases cited1 opinion
- Colvin v. McCaskySupreme Court of Iowa · 1859
3Cited by1 opinion
- Jordan v. WimerSupreme Court of Iowa · 1876