Legal Opinion

Nolan v. Grant

Supreme Court of Iowa

Decided April 21, 1880PublishedCited by 11 opinions

Appeal from Palo Alto District Gourt. Action to quiet title to a quarter-section of land. In 1861 the title to the land was in one Stoekdale. In that year he executed a deed of the land to the plaintiff. Afterward he executed a deed of the land to one ITohbs, through whom the defendant claims title. Upon the trial the plaintiff introduced in evidence his deed from Stoekdale, hut the same did not appear to have been recorded.

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Appeal from Palo Alto District Gourt. Action to quiet title to a quarter-section of land. In 1861 the title to the land was in one Stoekdale. In that year he executed a deed of the land to the plaintiff. Afterward he executed a deed of the land to one ITohbs, through whom the defendant claims title. Upon the trial the plaintiff introduced in evidence his deed from Stoekdale, hut the same did not appear to have been recorded. The defendant introduced in evidence Hobbs’ deed from Stoekdale, and also certain other deeds showing a chain of title from Hobbs to himself. The court rendered a decree…

1Opinion of the Court

Adams, Oii. J.

i convey-corded dee™’: ovidence.. Section 1911 of theoCode provides that {'110 instrument affecting real estate is of any vMidity against subsequent purchasers for a valuable consideration without notice, unless recorded in the office of the recorder of the county in which the land lies.”

*393As the plaintiff's deed was not recorded it is of no validity against the defendant, though a subsequent purchaser, if he or Hobbs, or either of the intermediate grantees, was a purchaser for a Valuable consideration without notice. The plaintiff’s deed had the effect in the first instance to…

2Cases cited2 opinions

  1. Sillyman v. KingSupreme Court of Iowa · 1873
  2. Nolan v. GrantSupreme Court of Iowa · 1879

3Cited by11 opinions

  1. Hull v. DiehlMontana Supreme Court · 1898
  2. Bank of Farmington v. EllisSupreme Court of Minnesota · 1883
  3. Fogg v. HolcombSupreme Court of Iowa · 1884
  4. Minneapolis & St. Louis Railroad v. Chicago, Milwaukee & St. Paul RailroadSupreme Court of Iowa · 1902
  5. Conway v. RockSupreme Court of Iowa · 1908

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