Gardner v. Weston
Supreme Court of Iowa
Appeal from Pottawattamie District Court. This is a suit in equity, to cancel a deed made by the plaintiffs to defendant, Samuel Weston, for certain lands, a part of which had been conveyed by Samuel to James Weston. The plaintiffs’ petition was dismissed absolutely; and from the judgment of dismissal, the plaintiffs appeal
1Opinion of the CourtCole, J.
1. Title: weight of evidence. The plaintiffs claim, in substance, that'in. May, 1850, the plaintiff, James Gardner, settled upon, improved, and afterwards, in 1853, preempted a quarter section of land in Pottawattamie county; that, the defendant, Samuel Weston, was living upon and cultivating a part of said quarter section at the time the plaintiff moved thereon; that said defendant had no design of preempting any portion of said land, but was there temporarily only; that in 1853 tbe said plaintiff proved up his preemption, and on the first of September, 1854, procured a patent therefor; that…
2Cited by10 opinions
- Kind v. ClarkCourt of Appeals for the Second Circuit · 1947
- Winston v. BurnellSupreme Court of Kansas · 1890
- McKenney Seabury v. NelsonSupreme Court of Iowa · 1935
- Shepard v. PrattSupreme Court of Iowa · 1871
- Knight v. McCordSupreme Court of Iowa · 1884
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