Collins v. Board of Supervisors
Supreme Court of Iowa
Appeal from Pottaivattwmie District Court. — Hon. O. D. Wheeler, Judge. Plaintiff's lands were included in a drainage district established by defendant county, and he filed a claim for damages which was disallowed. Subsequently his lands were assessed for benefits to the extent of $800 or $900, and he appealed to the district court from such assessment. Thereafter he filed a petition in mandamus to compel the board to pass upon his claim for damages, for an injunction, etc.
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Appeal from Pottaivattwmie District Court. — Hon. O. D. Wheeler, Judge. Plaintiff's lands were included in a drainage district established by defendant county, and he filed a claim for damages which was disallowed. Subsequently his lands were assessed for benefits to the extent of $800 or $900, and he appealed to the district court from such assessment. Thereafter he filed a petition in mandamus to compel the board to pass upon his claim for damages, for an injunction, etc. These different proceedings were all consolidated, and tried in the district court, resulting in an order and judgment…
1Opinion of the CourtDeemer, J.
In the year 1909 a proceeding to establish a drainage district known as the “Pigeon creek extension ditch” was pending before the defendant board of supervisors. The proposed district embraced the eighty acres of land in controversy, which was then owned by Emma Jones, whose maiden name was Emma Forsythe, and her husband was one of the petitioners for the district. During the pend-ency of the proceedings, which were regular in every respect, Emma Jones and her husband contracted to sell the land to one Rhodes. This contract was not recorded. By the terms thereof possession was to be given…
2Cases cited8 opinions
- Minton ex rel. Smith v. OziasSupreme Court of Iowa · 1901
- Dittoe v. City of DavenportSupreme Court of Iowa · 1888
- Grimes v. MartinSupreme Court of Iowa · 1860
- Hudson v. Smith Bros.Supreme Court of Iowa · 1900
- Hawkeye Insurance v. MaxwellSupreme Court of Iowa · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Chicago, Rock Island & Pacific Railway Co. v. Wright County Drainage DistrictSupreme Court of Iowa · 1915
- Shields v. HeinoldSupreme Court of Iowa · 1962
- Taylor v. Drainage District No. 56Supreme Court of Iowa · 1914
- Jackson v. Board of SupervisorsSupreme Court of Iowa · 1913
- Chicago & Northwestern Railway Co. v. DreessenSupreme Court of Iowa · 1952
6 more not listed; retrieve them via the Exa API.