Mills County v. B. & M. R. R.
Supreme Court of Iowa
Appeal-from 'Mills District Gourt. The action first above named was brought to set aside certain deeds executed by the plaintiff, Mills county, to the defendant, the Burlington & Missouri River R. Oo.
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Appeal-from 'Mills District Gourt. The action first above named was brought to set aside certain deeds executed by the plaintiff, Mills county, to the defendant, the Burlington & Missouri River R. Oo. The Chicago, Burlington & Quincy R. Co. and others are made defendants as claiming title through the Burlington & Missouri River R. Co. The action last above named was brought by the Chicago, Burlington & Quincy R. Co., to recover of Mills county the sum of ten thousand dollars. Both claims originated in the same transaction, and the two cases are submitted together. Between Mills county and the…
1Opinion of the CourtAdams, J.
These cases have been presented with the learning and ability commensurate with their importance. The questions involved may be considered first as to whether the county had the power to make the compromise agreement; and second, if it had such power, whether the agreement is void by reason of fraud on the part of the Burlington & Missouri River Railroad Company, or for want of consideration.
The .first proposition made by the county is that the lands were in fact swamp lands. Having established this proposition, as it claims, it maintains that the county could not, under the statutes then in…
2Cases cited3 opinions
- President & Trustees of the Town v. MappinIllinois Supreme Court · 1852
- Allen v. Cerro Gordo CountySupreme Court of Iowa · 1871
- Grimes v. Hamilton CountySupreme Court of Iowa · 1873
3Cited by12 opinions
- Oakman v. City of EvelethSupreme Court of Minnesota · 1925
- Franklin County v. CarstensWashington Supreme Court · 1912
- First National Bank v. City of EmmetsburgSupreme Court of Iowa · 1912
- City of Des Moines v. HorrabinSupreme Court of Iowa · 1927
- In Re Estate of LeeSupreme Court of Iowa · 1949
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