91 Iowa 386 | Iowa | 1894
In February, 1892, the defendant gave notice to J. H. Griffith “and all other persons having any interest in or owning any of” the northeast quarter of the northwest quarter, the northwest quarter of the northwest quarter, the northwest quarter of the ■northeast quarter, the southeast quarter of the northwest quarter, and the southwest quarter of the northwest quarter, all in section 16., township 99, range 31, that, it had located its railway over the land and desired the right of way over it, and that, unless the landowners should have the damages to be caused by taking the right of way appraised on or before the twenty-fifth day of March, the defendant would proceed to have them appraised on the twenty-second day of April. On the date last named, the defendant caused the damages to be appraised, and they were fixed at one hundred and thirty-five dollars. That sum was paid by the defendant to the sheriff on the tenth day of June, 1892. On the eighteenth day of May, Griffith and the plaintiffs served a notice of appeal from the assessment, and on the twenty-third day of August, 1892, the plaintiffs filed what is styled a “petition of intervention,” in which they allege that they are nonresidents of Emmet county; that they were, and had been for more than ten months, the owners of the north half and the southwest quarter of section 16, township 99, range 31, and that it constituted one tract; that by reason of the location of the railway across the land, and the appropriation of the right of way, they had been damaged in the sum of two thousand dollars; that the only notice given to them of the assessment proceedings was one published in a newspaper in Emmet county, and that Griffith had no interest in the land. The jury in the