85 Iowa 505 | Iowa | 1892
The facts out of which «this contention arises are as follows: Alexander Wood, husband of the plaintiff, filed his declaratory statement under the pre-emption laws of the United States, in the United States land office at Des Moines, on the thirteenth day of September, 1887, upon the west half of the northeast quarter of section 33, township 89, range 44 west, Woodbury county, Iowa, and paid the register’s
I. It will be observed that neither party has acquired title from the United States. The appellant
II. The appellant argues that the plaintiff has no such interest as entitles her to maintain this action, for
It is urged that, if she is entitled to relief, it must be by action at law; but, as we have seen, it is not a question of title, but simply of her right to be protected in her possession pending the appeal to the interior department. The law could not afford the relief which is asked, and to which we think the district court properly held the plaintiff to be entitled.
The judgment of the district court'is affirmed.