Legal Opinion

Hintrager v. McElhinny

Supreme Court of Iowa

Decided May 18, 1900PublishedCited by 11 opinions

Appeal from Dubuque District Court. — Hon. J. L. Dusted, Judge. 1 In pursuance of an original notice served March H, 1893, plaintiff filed his petition in equity against the defendant B. S. McElhinny, asking to be quieted in the title to lots 07 and 68 in East Dubuque (an addition to the city of Dubuque), as ágainst said defendant.

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Appeal from Dubuque District Court. — Hon. J. L. Dusted, Judge. 1 In pursuance of an original notice served March H, 1893, plaintiff filed his petition in equity against the defendant B. S. McElhinny, asking to be quieted in the title to lots 07 and 68 in East Dubuque (an addition to the city of Dubuque), as ágainst said defendant. Said defendant answered, disclaiming any interest in the property, and alleging 'that on the twenty-third day of March, 1888, he had conveyed all his interest in said property to Hubert O’Donnell. Hubert O’Donnell was made a defendant, and on February 1, 1895,…

1Opinion of the CourtGiven, J.

2 *3308 *329I. The plaintiff holds and, claims under the patent title, and the defendant O’Donnell under the tax title to hlcElhinny. The tax sale and deed to be considered were by the treasurer of the city of Dubuque, under the statutes of the state and ordinances of said city. Said ordinances, in the particulars to be considered, provided substantially as was provided in the Code of 1873, under which the proceedings were had; and therefore, for convenience, our references will be to that Code only. Defendant O’Donnell contends that the action, as presented in the original petition, was an action to…

Also in this document: Per curiam.

2Cases cited31 opinions

  1. Steele v. MurrySupreme Court of Iowa · 1890
  2. Barke v. EarlySupreme Court of Iowa · 1887
  3. Bradley v. BrownSupreme Court of Iowa · 1888
  4. Boardman v. BourneSupreme Court of Iowa · 1865
  5. Shelley v. SmithSupreme Court of Iowa · 1896

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3Cited by11 opinions

  1. Patterson v. MaySupreme Court of Iowa · 1947
  2. Busch v. HallSupreme Court of Iowa · 1903
  3. Pendergast v. DavenportSupreme Court of Iowa · 1985
  4. Brown v. DavisSupreme Court of Colorado · 1938
  5. Hodgson v. State Finance Co.North Dakota Supreme Court · 1909

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