Kinsell v. Billings
Supreme Court of Iowa
Appeal from Story Circuit Court. This action was brought in the circuit court by the plaintiff as administrator of the estate of Isaac Mitchell, deceased, to recover of the defendant for an alleged conversion of a saw-mill situated upon land alleged to have belonged to plaintiff’s intestate.
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Appeal from Story Circuit Court. This action was brought in the circuit court by the plaintiff as administrator of the estate of Isaac Mitchell, deceased, to recover of the defendant for an alleged conversion of a saw-mill situated upon land alleged to have belonged to plaintiff’s intestate. The answer consisted of, 1. A general denial; 2. That the property sued for was part-of a water saw-mill, and attached to certain real estate and was a part thereof, and denying that Mitchell ever held or owned any interest therein ; 3. Alleging that plaintiff’s letters of administrar tion were…
1Opinion of the CourtMiller, J.
On the trial the defendant requested the court to give the following, among other instructions, viz.: “ If you find from the evidence that said property, when defendant took possession of it, was attached to the real estate in the form of a saw-mill, dam, etc., it was a part of and belonging to the real estate, unless you further find that it was placed there by virtue of a lease with a right to remove at the end of said lease, or was put there by consent of or with the knowledge of the owner of the real estate and without his objection; and unless it was so put there under a lease or with…
2Cases cited1 opinion
- Foteaux v. LepageSupreme Court of Iowa · 1858
3Cited by7 opinions
- Hutchins v. MastersonTexas Supreme Court · 1877
- Valley National Bank v. CrosbySupreme Court of Iowa · 1899
- Toerring v. LampSupreme Court of Iowa · 1889
- Dexter v. HayesSupreme Court of Iowa · 1893
- Tetzloff v. MaySupreme Court of Iowa · 1915
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