Arnold v. Grimes
Supreme Court of Iowa
Appeal from the Des Moines District Court. Prior to the pre-emption law of June 22, 1838, Arnold was settled upon the northeast quarter -of section thirty-six in township seventy-, north of range three, west of the fifth principle meridian, situate in -Res Moines county, Iowa. W. W. Chapman was settled partly on the north side of the same quarter, and partly upon the adjacent tract.
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Appeal from the Des Moines District Court. Prior to the pre-emption law of June 22, 1838, Arnold was settled upon the northeast quarter -of section thirty-six in township seventy-, north of range three, west of the fifth principle meridian, situate in -Res Moines county, Iowa. W. W. Chapman was settled partly on the north side of the same quarter, and partly upon the adjacent tract. Chapman’s improvements were on the said northeast quarter. ’They both settled upon these lands at an early day of the territory of Iowa, it being in 1835, and before the lands were surveyed; and the conflict of…
1Opinion of the CourtWoodwakd, J.
The first question to be determined, is that of a prior adjudication. It is said that the case of Kriechbaum v. Bridges, 1 Iowa, 14, is conclusive upon this *8case. The cases are very unlike. In that, the defendant knew of his defence, but neglected to prepare it; he knew he wanted a witness who was absent; he knew a certain deed was lost, and that the acknowledgment of another was defective, so that it could not be offered in evidence without further proof. Yet he did nothing to remedy these difficulties, nor to supply the want. He neither asked a continuance, nor filed a bill in chancery,…
2Cases cited10 opinions
- Carroll v. SaffordSupreme Court of the United States · 1845
- Daniel Boardman and Others, in Error v. The Lessees of Reed and Ford, M'call and Others, in ErrorSupreme Court of the United States · 1832
- Ross v. Doe on the Demise of BarlandSupreme Court of the United States · 1828
- Hoofnagle v. AndersonSupreme Court of the United States · 1822
- Inhabitants of Worcester v. EatonMassachusetts Supreme Judicial Court · 1816
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3Cited by19 opinions
- Sillyman v. KingSupreme Court of Iowa · 1873
- Cavender v. Heirs of SmithSupreme Court of Iowa · 1857
- Vantongeren v. HeffernanSupreme Court Of The Territory Of Dakota · 1888
- Rankin v. MillerSupreme Court of Iowa · 1876
- Kern v. WilsonSupreme Court of Iowa · 1891
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