77 Iowa 221 | Iowa | 1889
II. In our opinion, plaintiff has a plain, complete and adequate remedy at law against the threatened assessment of damages, if it be illegal or unauthorized by law for any of the causes and reasons set up and alleged in its petition. If defendant conveyed the right of way to the other railroad company, and the plaintiff by the mechanic’s lien proceedings acquired
III. Plaintiff insists that defendants are estopped to deny its right to the occupancy of the right of way. But the doctrine and rules in estoppel are not alone recognized and enforced in a case in chancery. They may be pleaded and established to support actions at law or defenses thereto. If defendant entered into any contract, received any sum as damages, or did any act recognizing plaintiff’s right to the occupancy of the land, these matters may be shown in the ad quod damnum proceedings to defeat him of recovery. An action at law may be defeated by showing that plaintiff has recognized by his acts or admitted by his declarations that his own claim is not well founded, or that defendant is in fact the owner of the property involved in the suit which plaintiff seeks to recover. That, is just this case. Defendant claims in the ad quod damnum proceeding to recover the value of the land occupied by the right of way. Plaintiff insists that it is the owner of the
Affirmed.