Doyle v. Andis
Supreme Court of Iowa
Appeal from Tama District Court.— HoN. Gf. W. Burn-iiam, Judge. ActioN to quiet title. A' demurrer to the petition was overruled, and, defendants having elected to stand on the ruling, decree was entered as prayed. The defendants appeal.
1DissentWeaver, J.
Eor the reasons herein stated I cannot concur in the foregoing opinion:
*54I. The rula in Shelley’s Case has never been recognized or enforced in this State. As the opinion concedes this to be true, and that the citation which has sometimes been made of Pierson v. Lane, 60 Iowa, 60, and one or two other cases, as sustaining the rule, is an error, I need take no tima to demonstrate the correctness of this proposition.
II. It hás been expressly condemned and repudiated by this court. To make this clear beyond cavil let us first illustrate the substance and effect of the rule in its practical…
2Cases cited24 opinions
- De Vaughn v. HutchinsonSupreme Court of the United States · 1897
- Shimer v. MannIndiana Supreme Court · 1884
- Wescott v. BinfordSupreme Court of Iowa · 1898
- Daniel v. WhartenbySupreme Court of the United States · 1873
- Ridgeway v. LanphearIndiana Supreme Court · 1884
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