Bohall v. Neiwalt
Supreme Court of Iowa
Appeal from Grundy District Court. — Hon. C. F. Couch, Judge. Plaintiff is tlie owner of the southwest quarter of section 10, township 8?, range 16, in Grundy county. He alleges that the northwest corner of said premises has been lost, and that its exact location is now in dispute. He therefore asks to have it restored and established.
Read the full summary
Appeal from Grundy District Court. — Hon. C. F. Couch, Judge. Plaintiff is tlie owner of the southwest quarter of section 10, township 8?, range 16, in Grundy county. He alleges that the northwest corner of said premises has been lost, and that its exact location is now in dispute. He therefore asks to have it restored and established. A commissioner was appointed under the provisions of chapter 8, Laws Fifteenth General Assembly, who proceeded to make a survey and take testimony as provided by law. He reported that the corner in question had been lost and in dispute for ten or more years,…
1Opinion of the CourtRobinson, J.
„ Stewtehlost0 pea“etiia?de denoe:evi" —I. Counsel for appellant reviews the evidence at length, and insists that the findings of the were not supported by the evidence> an(l that the evidence conclusively established the fact that the original government corner was at a point twenty-nine links north of the corner fixed by the report. There was evidence, and, if this case were triable here de novo, we might conclude that a preponderance of the evidence sustains the claim of appellant. But this court has repeatedly held that it cannot try anew a cause of this kind. Mitchell v. Wilson, 70 Iowa,…
2Cases cited1 opinion
- Coskery v. YoungSupreme Court of Iowa · 1886
3Cited by2 opinions
- Lannigan v. AndreSupreme Court of Iowa · 1950
- Leathers v. OberlanderSupreme Court of Iowa · 1908