Parsons v. Moses
Supreme Court of Iowa
Appeal from Lee District Court. This was an action by Charles Parsons to recover for certain improvements under the occupying claimant law.
Read the full summary
Appeal from Lee District Court. This was an action by Charles Parsons to recover for certain improvements under the occupying claimant law. It is alleged in bis petition, and admitted in tbe answer, that on the 14th day of September, 1863, the defendants in tbis action (D. B. and W. Moses) recovered a judgment in an action of right against tbe present plaintiff (Parsons), for the title and possession of eighty acres of land in Lee county, and also $200 damages for use-and occupation.' Thereupon, on the same day, the present plaintiff brought this action, claiming pay for improvements made by…
1Opinion of the CourtDillon, J.
I. The first error assigned by the appellants is, the giving by the Court, at the plaintiff’s instance, of the following instruction:
“In order to entitle plaintiff (Parsons) to recover in this action, it is not necessary for him to prove that he personally occupied the land in question, but so far as the occupation of said land is concerned, it is sufficient for him to show that his tenants occupied.”
The statute, among other things, requires that the party who claims the benefit of its provisions in favor of occupying claimants (Bev., ch. 97), shall be “ an occupant of land.” And the argument…
2Cases cited10 opinions
- Green v. BiddleSupreme Court of the United States · 1823
- Chirac v. ReinickerSupreme Court of the United States · 1826
- Bright v. BoydU.S. Circuit Court for the District of Maine · 1841
- Putnam v. RitchieNew York Court of Chancery · 1837
- Jackson v. LoomisNew York Supreme Court · 1825
5 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Effinger v. HallSupreme Court of Virginia · 1885
- Childs v. ShowerSupreme Court of Iowa · 1865
- Dawson v. GrowWest Virginia Supreme Court · 1887
- Meyers v. CanuttSupreme Court of Iowa · 1951
- In the Matter of the Estate of Glen A. Waterman, Jingles Ti-Okay WatermanSupreme Court of Iowa · 2014
19 more not listed; retrieve them via the Exa API.