Legal Opinion

Libbey v. Young

Supreme Court of Iowa

Decided October 16, 1897PublishedCited by 4 opinions

Appeal from Webster District Court. — Hon. B. P. Birdsall, Judge. Suit in equity to enjoin and restrain defendants from trespassing upon certain lands lying east of the Boone river in Webster county. The defendants claim title to the land by prescription. The trial court dismissed the plaintiffs petition, and he appeals.—

1Opinion of the CourtDeemer, J.

1 Each party claims title to the land by adverse possession. It is true that appellant pleads a patent title, but he has failed to prove it, and his right to the land, if he has any, is based upon prescription. His claim of right and color of title is based upon certain conveyances from one Bell (who went into possession of some of the land situated in the same congressional subdivision as the land in dispute, in the year 1858) to Nathan Baker, in the year 1865, from Nathan Baker to James Baker in the year 1874, and from James Baker to appellant in the year 1891; and the possession of these…

2Cases cited6 opinions

  1. Brown v. BridgesSupreme Court of Iowa · 1870
  2. Litchfield v. SewellSupreme Court of Iowa · 1896
  3. Chicago, Rock Island & Pacific Railway Co. v. AllfreeSupreme Court of Iowa · 1884
  4. Davenport v. SebringSupreme Court of Iowa · 1879
  5. Teabout v. DanielsSupreme Court of Iowa · 1874

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

3Cited by4 opinions

  1. Goulding v. ShonquistSupreme Court of Iowa · 1913
  2. Wallis v. ClinkenbeardSupreme Court of Iowa · 1932
  3. Burch v. WickliffSupreme Court of Iowa · 1929
  4. Shimanek v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1916

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