78 Iowa 131 | Iowa | 1889
On the fifteenth day of March, 1871, Joseph Peden executed to the Chicago and Southwestern Railway Company a deed for a strip of land one hundred feet wide, through an eighty-acre tract of land, for railway purposes. The deed contained the following provision: “The water on the southeast side of the road to be made to run on same side of road, instead of through cattle-guards.” At that time Joseph Peden owned the tract of land described in the deed, and also other land. In the year 1878 he conveyed one hundred and thirty-five acres of the land he so owned, comprising the land in controversy in this suit, to the plaintiff, James M. Peden. It appears that the railway was constructed over the strip of land conveyed by the right-of-way deed in the year 1870.
. IV. Appellant complains of rulings of the court in excluding evidence as to conversations in regard to the construction of a ditch north of the railway. As the construction of such a ditch was not in issue, the rulings in question were correct.
VII. We have discussed the most important of the questions presented by appellant. The others have been examined with care, but no error prejudicial to appellant has been discovered. It is insisted that the verdict is not sustained by the evidence; but there is some evidence to sustain it, and we cannot disturb the judgment on that ground. Affirmed.