Hemmer v. Burger
Supreme Court of Iowa
Appeal from Johnson District Court. — HoN. O. A. BytNG-toN, Judge. This case comes to ns on an appeal from an order denying a new trial because of newly discovered evidence.
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Appeal from Johnson District Court. — HoN. O. A. BytNG-toN, Judge. This case comes to ns on an appeal from an order denying a new trial because of newly discovered evidence. Tbe issue in tbe original case was tbe boundary line between tbe properties of tbe parties, tbe plaintiff averring and contending that tbe true boundary line was marked by a division' fence, recognized and maintained by the parties and their grantors for more than 10 years, and tbe defendant denying tbe existence of a fence for a period of 10 years, and tbe other allegations of tbe petition. After a full bearing on tbe…
1Opinion of the CourtSherwiN, C. J.
Tbe questions tried in tbe original case were whether tbe division fence was built ten- or more years before suit was commenced, and whether it was recognized by tbe owners of tbe land as tbe true boundary between them, the real contest being over tbe time when tbe fence was built. Tbe plaintiff’s evidence located a certain wood-house as being on the boundary line that she claims to have *615been so acquiesced in, and a fence extending west from tbe northwest comer of tbe woodbouse as tbe fence that bad been built more than ten years before. Tbe newly discovered evidence on wbicb a new trial was…
2Cases cited6 opinions
- Boggess v. ReadSupreme Court of Iowa · 1891
- Donnelly v. BurkettSupreme Court of Iowa · 1887
- Morrow v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1883
- First National Bank of Iowa City v. Charter Oak InsuranceSupreme Court of Iowa · 1875
- Stineman v. BeathSupreme Court of Iowa · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Rockwell v. KetchumSupreme Court of Iowa · 1910