Lance v. C. M. & St. P. R.
Supreme Court of Iowa
Appeal from Osceola Circuit Court. This is a proceeding to condemn a right of way for the defendant’s railroad across certain improved land owned by tbe plaintiff. It appears from the assessment of the commissioners appointed by tbe sheriff that one Ozias was tbe owner of a mortgage upon tbe farm, and the damage occasioned by tbe taking of a right of way, was assessed to tbe plaintiff and Ozias jointly.
Read the full summary
Appeal from Osceola Circuit Court. This is a proceeding to condemn a right of way for the defendant’s railroad across certain improved land owned by tbe plaintiff. It appears from the assessment of the commissioners appointed by tbe sheriff that one Ozias was tbe owner of a mortgage upon tbe farm, and the damage occasioned by tbe taking of a right of way, was assessed to tbe plaintiff and Ozias jointly. Erom this assessment tbe plaintiff appealed to the Circuit Court by serving a notice of appeal npon the railroad company within the proper time. Afterward the defendant filed a motion to…
1Opinion of the CourtRothrock, J.
l.railroads•• Sages: appea1' I. The first point presented in the record involves the question whether the motion to dismiss the appeal because Ozias, the mortgagee, did not join therein, should have been sustained. Whether it is necessary to make a mortgagee a party to proceedings to condemn land for a right of way, we need not determine. In this case it appears that the assessment was made to the owner of the land and to the mortgagee jointly. We will presume it was done on proper notice to both these parties. We have, then, the question, whether the owner in such case must be denied the…
2Cases cited2 opinions
- Henry v. Dubuque & Pacific RailroadSupreme Court of Iowa · 1855
- Chicago R. I. & P. R. R. v. HurstSupreme Court of Iowa · 1870
3Cited by17 opinions
- Ranck v. City of Cedar RapidsSupreme Court of Iowa · 1907
- Korf v. FlemingSupreme Court of Iowa · 1948
- Seattle & Montana Railway Co. v. GilchristWashington Supreme Court · 1892
- Kukkuk v. City of Des MoinesSupreme Court of Iowa · 1922
- Leroy & Western Railroad v. RossSupreme Court of Kansas · 1889
12 more not listed; retrieve them via the Exa API.