Lunquest v. Ten Eyck
Supreme Court of Iowa
Appeal from Hamilton District Court. ON the 7 th of February, 1872, tbe defendant, Ten Eyck, brought an action in the District Court of Hamilton county, to recover of the plaintiff, Lunqnest the possession of the northwest quarter of section thirty-three, in township eighty-six north, of range twenty-six west. On the 9th of April, 1872, j ndgment was rendered in favor of Ten Eyck, that he was the owner and entitled to the immediate possession of said land.
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Appeal from Hamilton District Court. ON the 7 th of February, 1872, tbe defendant, Ten Eyck, brought an action in the District Court of Hamilton county, to recover of the plaintiff, Lunqnest the possession of the northwest quarter of section thirty-three, in township eighty-six north, of range twenty-six west. On the 9th of April, 1872, j ndgment was rendered in favor of Ten Eyck, that he was the owner and entitled to the immediate possession of said land. Prior to the issuing of a writ of possession, Lun-quest commenced this action to recover for improvements made upon the land by him, while…
1Opinion of the Court
Miller, Ch. J.
I. By the common law there was no liability, on the part of the true owner, to pay for improvements 1. occupying comm on* law liability. made by an occupying claimant of real property, w^° ^ad B0 title thereto. All improvements annexed to the free-holder, became part of and passed with the recovery. Parsons v. Moses, 16 Iowa, 440, and cases there cited. The right to recover payment for *215improvements thus made is based entirely upon our statute, and, of course, in order to recover therefor, such claimant must bring himself within its provisions.
Section 2284 of the Revision…
2Cases cited2 opinions
- Hamilton v. WrightSupreme Court of Iowa · 1870
- Parsons v. MosesSupreme Court of Iowa · 1864
3Cited by16 opinions
- Moser v. Thorp Sales Corp.Supreme Court of Iowa · 1981
- Meyers v. CanuttSupreme Court of Iowa · 1951
- Betz v. City of Sioux CitySupreme Court of Iowa · 1948
- Lindt v. UihleinSupreme Court of Iowa · 1902
- Hershey v. ThompsonSupreme Court of Arkansas · 1888
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