Legal Opinion

Shea v. City of Ottumwa

Supreme Court of Iowa

Decided September 25, 1885PublishedCited by 28 opinions

Appeal from Wapello District Court. Action in chancery to quiet the title to certain lands, and to recover damages for entering upon and grading a street thereon. A decree was entered for defendant, declaring the land to be a part of the street. Plaintiff appeals.

1Opinion of the Court

Beck, Cii. J.

I. The plaintiff in her original petition claims title to the land in controversy under possession for a time longer than the period prescribed by the statute to bar actions to recover lands, alleging that she has acquired title by “ prescrip tion.” In an amended petition, she claims title under conveyances from the original owners, as well as by “prescription.” But the conveyance to her, as shown by llie evidence, was executed after this suit was commenced. The defendant claims that the land is a part of the street, as shown by the plats of the city, and thereby the land in…

2Cited by28 opinions

  1. Smith v. SmithSupreme Court of Louisiana · 1891
  2. Burroughs v. City of CherokeeSupreme Court of Iowa · 1906
  3. City of Waterloo v. Union Mill Co.Supreme Court of Iowa · 1887
  4. Ramstad v. CarrNorth Dakota Supreme Court · 1915
  5. Sowadzki v. Salt Lake CountyUtah Supreme Court · 1909

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