Robinson v. Allen
Supreme Court of Iowa
Appeal from Linn District Gowrt. Friday, June 20. Action in equity to recover the title and possession of the south-west quarter of north-west quarter of section 33, township 84, range 8, in Linn county. The defendant answered denying plaintiffs claim, and claiming title in himself, and that he is rightfully in possession. The cause was referred to J. B. Young, referee, for trial.
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Appeal from Linn District Gowrt. Friday, June 20. Action in equity to recover the title and possession of the south-west quarter of north-west quarter of section 33, township 84, range 8, in Linn county. The defendant answered denying plaintiffs claim, and claiming title in himself, and that he is rightfully in possession. The cause was referred to J. B. Young, referee, for trial. The referee, amongst other things, found and reported, in substance, the following facts: That Wilson Bobinson in his life-time owned the premises in dispute, and that, without having sold the same, he died on the…
1Opinion of the CourtDay, J.
The deed of the treasurer to E. C. Byam was executed December 2, 1863, and recorded January 11,1864. *29The petition in this case was filed on the 27th day of October, 1869, more than five years after the recording of the treasurer’s deed.
This deed, under which the defendant claims, is in the form which has frequently been held by this court to be insufficient to pass any title to the purchaser; and its invalidity is tacitly admitted by appellant.
He relies solely for a reversal of this case upon the fact that the action of plaintiff is barred by section 790 of the Eevision, under the…
2Cases cited1 opinion
- Thomas v. StickleSupreme Court of Iowa · 1871
3Cited by8 opinions
- Borghart v. City of Cedar RapidsSupreme Court of Iowa · 1905
- Armstrong v. City of Des MoinesSupreme Court of Iowa · 1942
- Lawrence v. MelvinSupreme Court of Iowa · 1926
- Central Trust Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1912
- McDonald v. BiceSupreme Court of Iowa · 1901
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