Legal Opinion

Booth v. Small

Supreme Court of Iowa

Decided June 25, 1868PublishedCited by 21 opinions

Appeal from Jackson District Court. Action to recover a tract of land in Jackson county. The evidence of plaintiffs exhibits in them the paper title. Defendants claim to hold the land under the statute of limitation by adverse possession with color of title. Yer-dict and judgment for defendants. Plaintiffs appeal.

1Opinion of the Court

Beck, <7.

l. Adverse fngreciiento of. mies. I. The main point of contest in this case is upon the correctness of a certain instruction to the jury, It is not denied by plaintiffs that defendants, and those under whom they claim, had color 0f ^jqie ian(j jn controversy, and whatever possession of the land was held by them was under a claim of title. The issue presented by the defendants’ plea of the statute of limitation raises, therefore, no question of law except this one, viz.: What is the nature and character of the adverse possession which is necessary to be shown in order to enable…

2Cases cited6 opinions

  1. Lessee of Ewing v. BurnetSupreme Court of the United States · 1837
  2. Stanley v. GadsbySupreme Court of the United States · 1836
  3. Langworthy v. MyersSupreme Court of Iowa · 1856
  4. Jones v. HockmanSupreme Court of Iowa · 1861
  5. Brooks v. BruynIllinois Supreme Court · 1860

1 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Cox v. HartSupreme Court of the United States · 1923
  2. Norgard v. Busher Et UxOregon Supreme Court · 1960
  3. Worthley v. BurbanksIndiana Supreme Court · 1897
  4. Colvin v. McCuneSupreme Court of Iowa · 1874
  5. Gray v. HaasSupreme Court of Iowa · 1896

16 more not listed; retrieve them via the Exa API.

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