C. R. I. & P. R. Co. v. Brown
Supreme Court of Iowa
Appeal from Muscatine District Oou/rt. This action is to recover the possession of the E. SE. J, Sec. 9, T. 78 N., E. 1 E., in Muscatine county. The answer of defendants denies the right and title of plaintiff, and as an equitable defense sets up that the land in controversy was a part of the swamp land grant to the State of Iowa, and the defendants hold title under Muscatine county, to which the land was granted by the State.
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Appeal from Muscatine District Oou/rt. This action is to recover the possession of the E. SE. J, Sec. 9, T. 78 N., E. 1 E., in Muscatine county. The answer of defendants denies the right and title of plaintiff, and as an equitable defense sets up that the land in controversy was a part of the swamp land grant to the State of Iowa, and the defendants hold title under Muscatine county, to which the land was granted by the State. The legislation, official acts and. conveyances under which defendants claim title, are rehearsed, and it is alleged that the land has been in the actual occupation of…
1Opinion of the CourtBeck, J.
The plaintiff claims title to the land in controversy under the act of Congress of May 15, 1856, granting certain lands to the State of Iowa to aid in the construction *334of railroads, and the act of the Fifth General Assembly (Rev., §§ 1299-1313), which transferred to the ’Mississippi & Missouri Railroad Company á part of the lands granted by the first named act to the State. The defendants’ title and claim is based upon the act of Congress of Sept. 28, 1850, granting swamp lands to the State, and upon the legislation of the State granting to the different counties the lands so acquired by the…
2Cases cited3 opinions
- Rutherford v. Greene's HeirsSupreme Court of the United States · 1817
- Allison v. HalfacreSupreme Court of Iowa · 1861
- Courtright v. Cedar Rapids & Missouri River R. R.Supreme Court of Iowa · 1872
3Cited by5 opinions
- Young v. CharnquistSupreme Court of Iowa · 1901
- Hays v. McCormickSupreme Court of Iowa · 1891
- Olson v. Hanford Produce Co.Supreme Court of Iowa · 1902
- Snell v. Dubuque & Sioux City Railway Co.Supreme Court of Iowa · 1889
- Bailey v. CallananSupreme Court of Iowa · 1893