Harris v. Stone
Supreme Court of Iowa
Appeal from the Pottawatamie District Court. In Chancery. The petitioners allege that they were the actual occupants and owners, of a certain lot in the town of Council Bluffs, and as such were entitled to a deed from the county judge of Pottawatamie county, who had entered the town site of Council Bluffs city, pursuant to an act of Congress, and the laws of this state, for the use of the several owners and occupants ; and that respondents knew of their right, but that…
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Appeal from the Pottawatamie District Court. In Chancery. The petitioners allege that they were the actual occupants and owners, of a certain lot in the town of Council Bluffs, and as such were entitled to a deed from the county judge of Pottawatamie county, who had entered the town site of Council Bluffs city, pursuant to an act of Congress, and the laws of this state, for the use of the several owners and occupants ; and that respondents knew of their right, but that fraudulently, and with intent to injure and defraud said complainants, and without having any right thereto, wrongfully…
1Opinion of the CourtWright, C. J.
The county judge of Pottawatamie county, entered the town site of Council Bluffs, and held *323the same in trust for the several use and benefit of the occupants thereof, according to their respective interests. In the execution of the trust, in the disposal of the lands entered, and the proceeds of the sales thereof, he was to be govered by such rules and regulations as were, or might be, prescribed by the general assembly of this state. Act of Congress, of April 6, 1851; 10 Stat. at Large, 273. The general assembly, by an act approved January 22, 1853, (Laws of 1853, 115), made it the duty of…
2Cases cited1 opinion
- Foteaux v. LepageSupreme Court of Iowa · 1858
3Cited by2 opinions
- Auxier v. TaylorSupreme Court of Iowa · 1897
- Harris v. StoneSupreme Court of Iowa · 1863