Rogers v. Vass
Supreme Court of Iowa
Appeal from the Fremont District Gourt. The complainant claims a right of pre-emption to the south-east quarter of section thirty-four, in township sixty-nine, north range forty-three west, under the act of Congress of the 20th of September, 1850, and the acts of the general assembly of Iowa, of January 15, 1853, (Acts of 1853, 29), and of 25th of January, 1855, (Acts 1855, 228). He sets forth, that on the first of June, 1857, and immediately subsequent thereto, he iona…
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Appeal from the Fremont District Gourt. The complainant claims a right of pre-emption to the south-east quarter of section thirty-four, in township sixty-nine, north range forty-three west, under the act of Congress of the 20th of September, 1850, and the acts of the general assembly of Iowa, of January 15, 1853, (Acts of 1853, 29), and of 25th of January, 1855, (Acts 1855, 228). He sets forth, that on the first of June, 1857, and immediately subsequent thereto, he iona fide, commenced and built a dwelling on the said land, with the intent to reside thereon, and cultivate the same, and within…
1Opinion of the Court
"Woodward, J.
— The point made by the defendant upon the default, cannot be considered, for the reson that it depends upon the rules of the court, and these are not made a part of the case, nor is it in any way before us.
But the principal questions arise upon the sustaining the demurrer to the bill. It is not necessary to set out the numerous causes of demurrer. They are all embraced in two or three, which aver that the petitioner does not show that he had any claim of right at the time when Yass proved up his claim; that he does not show that he was defrauded by Yass obtaining his…
2Cases cited1 opinion
- Arnold v. GrimesSupreme Court of Iowa · 1855
3Cited by7 opinions
- Scales v. MarshallTexas Supreme Court · 1902
- Andrews v. St. Louis Tunnel RailroadMissouri Court of Appeals · 1884
- Bixby v. Adams CountySupreme Court of Iowa · 1878
- Sawyer v. GallagherSupreme Court of Iowa · 1911
- Briggs v. Jasper CountySupreme Court of Iowa · 1878
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