Langworthy v. Myers
Supreme Court of Iowa
Appealfrom the Dubuque District Court. This was an action of forcible entry and detainer, brought by Langwortby, to recover of defendants the possession of a lot in the city of Dubuque, designated on the plat of tbe city, as tbe “ grave-yard lot.” Tbe action was first tried be-: fore a justice of tbe peace, and resulted in being appealed to' tbe District Court.
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Appealfrom the Dubuque District Court. This was an action of forcible entry and detainer, brought by Langwortby, to recover of defendants the possession of a lot in the city of Dubuque, designated on the plat of tbe city, as tbe “ grave-yard lot.” Tbe action was first tried be-: fore a justice of tbe peace, and resulted in being appealed to' tbe District Court. Numerous instructions were given by tbe court, as asked by each party, and a verdict was again returned in favor of plaintiff, which defendants moved the court to set aside, for various reasons, which are noticed in their order, in the…
1Opinion of the CourtStockton, J.
The first question to be considered is, whether the court should have granted the motion of defendants, to set aside the verdict and order a new trial.
The first and second reasons urged are, that there was no evidence tending to show that Langwoi thy, the plaintiff, was in the actual possession of the premises at the time of the alleged entry by defendants, and that the verdict was contrary to the evidence and the instructions of the court. The evidence set forth in the bill of exceptions, shows that Lang-worthy, in the spring of the year 1854, had the premises surveyed and a map made, and at…
2Cases cited11 opinions
- Dutton v. TracySupreme Court of Connecticut · 1821
- Machin v. GeortnerNew York Supreme Court · 1835
- Jackson ex dem. Bristol v. ElstonNew York Supreme Court · 1815
- Wall v. NelsonCourt of Appeals of Kentucky · 1823
- Boyce v. BlakeCourt of Appeals of Kentucky · 1834
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3Cited by24 opinions
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- Gurnsey v. Antelope Creek & Red Bluff Water Co.California Court of Appeal · 1907
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