In re Harrington
Supreme Court of Iowa
Appeal from Oli/nton District Court. An ajiplication was j>resented to tlie Clinton District Court representing that a dispute had arisen among the proprietors of certain lands as to the corner and honndaries between sections 16 and 17 and 20 and 21, in township 83 north, range 3 east, and asking for the appointment of a commission of one or more surveyors to make survey of and permanently establish said corner and boundaries, as provided by law.
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Appeal from Oli/nton District Court. An ajiplication was j>resented to tlie Clinton District Court representing that a dispute had arisen among the proprietors of certain lands as to the corner and honndaries between sections 16 and 17 and 20 and 21, in township 83 north, range 3 east, and asking for the appointment of a commission of one or more surveyors to make survey of and permanently establish said corner and boundaries, as provided by law. Hpon tliis application the court appointed Thomas Murray and Samuel Perrin to make survey of the premises and report their proceedings to the court.…
1Opinion of the CourtDay, J.
i. lost cokcoedingio estfee.,s 1" pra° I. This proceeding is instituted under chapter 8, laws of 1874. The appellants’ attorney submits and argues the case as though it were an equitable proceed ing triable here de novo. There is nothing in the statute to support the conclusion that the proceeding is of an equitable character. It is a special proceeding, involving merely a legal right, and must be reviewed here as an ordinary action. The finding of the commissioners is abundantly sustained by the evidence. The record presents no reason for disturbing the order of the court confirming the…
2Cited by4 opinions
- Mitchell v. WilsonSupreme Court of Iowa · 1886
- Vittoe v. RichardsonSupreme Court of Iowa · 1882
- Weikamp v. JungersSupreme Court of Iowa · 1911
- Cherokee Times v. Cherokee RepublicanSupreme Court of Iowa · 1912