Kunz v. Young,

CourtUnited States State Supreme Court of Iowa
Writing for the CourtKINNE
Citation97 Iowa 597,66 N.W. 879
Decision Date10 April 1896
PartiesKUNZ v. YOUNG.

97 Iowa 597
66 N.W. 879

KUNZ
v.
YOUNG.

Supreme Court of Iowa.

April 10, 1896.


Appeal from district court, Webster county; N. B. Hyatt, Judge.

Action to quiet title. Decree for plaintiff. Defendant appeals. Affirmed.

[66 N.W. 879]

C. C. Cole, for appellant.

R. M. Wright, for appellee.


KINNE, J.

1. Plaintiff claims title to the land in controversy in Webster county, Iowa, under the swamp land grant passed by congress on September 28, 1850, and by act of the general assembly passed in 1853, and the subsequent selection of the land as swamp land by the agents of Webster county, the sale of the same to John F. Duncombe, and deed to him by the county; also, under a tax deed of said land, by the treasurer of said county to one A. Jacobs, of date May 28, 1870; also, under a tax deed, by the treasurer of said county, dated April 24, 1888, to F. T. Walker; also, a deed from said Walker and wife to W. G. Watters, and a deed from Duncombe and wife to said Watters; also, a deed from Watters and wife to the plaintiff. Defendant claims title under the railroad land grant of May 15, 1856, and a grant from the state of Iowa to the Dubuque & Pacific Railroad Company, and by subsequent transfer to the Dubuque & Sioux City Railroad Company, and by certification of the land by the department of the interior to the last-named company, and by quitclaim deeds from the railroad company to William Ragan, and from said Ragan to the defendant.

2. In this case the appellant filed an abstract which recites that it contains “all the evidence introduced or offered on the trial of the cause.” Appellee files an additional abstract, containing many corrections of and additions to appellant's abstract, and at the close thereof states: “And appellee demes that appellant's abstract, and this additional abstract, when taken together, are or constitute all the evidence offered or received in the trial of said cause.” To the denial appellant files no further abstract, either in denial of the additional abstract, or by way of reaffirmance of the correctness of his own abstract. Appellant, however, files a transcript. This is an equity cause, triable de novo in this court; and it is essential that it appear that we have all of the evidence before us. It has often been held that when the appellee, in an additional abstract, denies that appellant's abstract is an abstract of all of the evidence in the case, such statement by appellee will be deemed true, in the absence of a denial by the...

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4 practice notes
  • McGillivray v. Case
    • United States
    • United States State Supreme Court of Iowa
    • December 16, 1898
    ...A denial made in argument will be disregarded. McFarland v. City of Muscatine, 98 Iowa, 199, 67 N. W. 233;Kunz v. Young, 97 Iowa, 597, 66 N. W. 879;Agency Co. v. Bush, 84 Iowa, 272, 286, 50 N. W. 1063;Van Winkle v. Fence Co., 56 Iowa, 245, 9 N. W. 211;Farmer v. Sasseen, 63 Iowa, 110, 18 N. ......
  • Farmers' Co-Operative Soc. of Geneva v. German Ins. Co.
    • United States
    • United States State Supreme Court of Iowa
    • April 10, 1896
    ...law of this state that questions of fact submitted to a jury in civil cases are to be determined by a preponderance of the evidence.” [66 N.W. 879] 2. It is said that no completed contract was made, or, in other words, that there was no meeting of the minds of the contracting parties upon t......
  • Furenes v. Servertson
    • United States
    • United States State Supreme Court of Iowa
    • April 11, 1896
    ...correct abstract of the entire cause. Under such circumstances the decree below must be affirmed. See Kunz v. Young (decided at this term) 66 N. W. 879, and cases cited therein....
  • Prescott v. Riverside Park Ry. Co.
    • United States
    • United States State Supreme Court of Iowa
    • October 26, 1896
    ...the evidence in the case, such statement will be deemed true, in the absence of a denial by appellant. [68 N.W. 832]Kunz v. Young (Iowa) 66 N. W. 879, and cases cited. Not having all of the evidence before us, we cannot determine the case upon its merits. 2. Appellant insists that, as she h......
4 cases
  • McGillivray v. Case
    • United States
    • United States State Supreme Court of Iowa
    • December 16, 1898
    ...A denial made in argument will be disregarded. McFarland v. City of Muscatine, 98 Iowa, 199, 67 N. W. 233;Kunz v. Young, 97 Iowa, 597, 66 N. W. 879;Agency Co. v. Bush, 84 Iowa, 272, 286, 50 N. W. 1063;Van Winkle v. Fence Co., 56 Iowa, 245, 9 N. W. 211;Farmer v. Sasseen, 63 Iowa, 110, 18 N. ......
  • Farmers' Co-Operative Soc. of Geneva v. German Ins. Co.
    • United States
    • United States State Supreme Court of Iowa
    • April 10, 1896
    ...law of this state that questions of fact submitted to a jury in civil cases are to be determined by a preponderance of the evidence.” [66 N.W. 879] 2. It is said that no completed contract was made, or, in other words, that there was no meeting of the minds of the contracting parties upon t......
  • Prescott v. Riverside Park Ry. Co.
    • United States
    • United States State Supreme Court of Iowa
    • October 26, 1896
    ...the evidence in the case, such statement will be deemed true, in the absence of a denial by appellant. [68 N.W. 832]Kunz v. Young (Iowa) 66 N. W. 879, and cases cited. Not having all of the evidence before us, we cannot determine the case upon its merits. 2. Appellant insists that, as she h......
  • Furenes v. Servertson
    • United States
    • United States State Supreme Court of Iowa
    • April 11, 1896
    ...correct abstract of the entire cause. Under such circumstances the decree below must be affirmed. See Kunz v. Young (decided at this term) 66 N. W. 879, and cases cited therein....

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