Byson v. McPherson

• Decision Date: 16 March 1887
• Parties: BYSON v. MCPHERSON.
• Court: Iowa Supreme Court

71 Iowa 437

32 N.W. 418

BYSON

v.MCPHERSON.

Supreme Court of Iowa.

March 16, 1887.

Appeal from district court, Kossuth county.

Action to recover possession of 40 acres of land in Kossuth county. The defendant filed a petition for a removal of the case to the circuit court of the United States, and the petition was denied. From the order denying the petition the defendant appeals.Geo. E. Clarke, for appellant.

R. J. Dawson and J. C. Cook, for appellee.

ADAMS, C. J.

The defendant filed an answer setting up a defense under certain grants of congress. His application for a removal was based upon the allegation that the controversy involves the title to the real estate described, and that the question necessary to the determination of the cause is one arising under the laws of the United States, and involves a construction of the grants and laws of the United States, and that the real estate exceeds in value the sum of $500. The plaintiff filed an affidavit to the effect that the value of the property was less than $500. The court overruled the petition for a removal, and retained and tried the case, and rendered a decree for the plaintiff. The defendant insists that the facts stated in the petition for removal as a ground of removal cannot be controverted in determining the question of removal, and we have to say that we think that he must be sustained. Van Horn v. Litchfield, 29 N. W. Rep. 783.

Reversed.