Kraut v. Crawford
Supreme Court of Iowa
Appeal from Clayton District Court. Riparian ownership upon the Mississippi river; CONSTRUCTION OF GRANTS BY THE UNITED STATES UPON WATER-COURSES; ALLUVIAL FORMATIONS BELONG TO RIPARIAN OWNER, AND CANNOT, SUBSEQUENTLY, BE GRANTED TO THE GOVERNMENT, OR CLAIMED AS “SWAMP LAND;” trespass quare clausum fregit. — The cause was submitted to the court without a jury. The court made no finding of facts, but rendered judgment generally for the defendant for costs.
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Appeal from Clayton District Court. Riparian ownership upon the Mississippi river; CONSTRUCTION OF GRANTS BY THE UNITED STATES UPON WATER-COURSES; ALLUVIAL FORMATIONS BELONG TO RIPARIAN OWNER, AND CANNOT, SUBSEQUENTLY, BE GRANTED TO THE GOVERNMENT, OR CLAIMED AS “SWAMP LAND;” trespass quare clausum fregit. — The cause was submitted to the court without a jury. The court made no finding of facts, but rendered judgment generally for the defendant for costs. The plaintiff’s motion for a new trial, on the ground that the judgment was contrary to the evidence, being overruled, and proper…
1Opinion of the CourtDillon, J.
The District Court not having made any finding of facts, the record presents but one question which is properly the subject of review in this court. That question is, was the judgment of the court below against the weight of evidence, and so against it as to require us to reverse it and order a new trial ? In other words, we are called upon to decide whether the court erred in refusing to sustain the plaintiff’s motion for a new trial; this motion being based alone upon the ground that the judgment appealed from was contrary to the evidence.
The locus in quo, to which both parties claim…
2Cases cited3 opinions
- Lorman v. BensonMichigan Supreme Court · 1860
- McManus v. CarmichaelSupreme Court of Iowa · 1856
- Ex parte JenningsNew York Supreme Court · 1826
3Cited by36 opinions
- Hardin v. JordanSupreme Court of the United States · 1891
- Jefferis v. East Omaha Land Co.Supreme Court of the United States · 1890
- Mitchell v. SmaleSupreme Court of the United States · 1891
- Johnson v. HurstIdaho Supreme Court · 1904
- Fuller v. SheddIllinois Supreme Court · 1896
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