Legal Opinion

Winkler v. Miller

Supreme Court of Iowa

Decided October 6, 1880PublishedCited by 7 opinions

Appeal from Lucas..Circuit Court. Action to recover eighty acres' of land and to redeem the same from tax sale. The land is in-'the possession of the defendant Miller, who alone defends. He files a cross-bill asking that his title be quieted, and in case such relief is denied that he be allowed for taxes paid and improvements. Both plaintiff and defendant Miller claim through one .George Stuart, who was, first purchaser from the government.

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Appeal from Lucas..Circuit Court. Action to recover eighty acres' of land and to redeem the same from tax sale. The land is in-'the possession of the defendant Miller, who alone defends. He files a cross-bill asking that his title be quieted, and in case such relief is denied that he be allowed for taxes paid and improvements. Both plaintiff and defendant Miller claim through one .George Stuart, who was, first purchaser from the government. George Stuart sold to Joseph Stuart, assigning to him his certificate of entry. Joseph Stuart sold and conveyed to one Raymond, and Raymond sold and…

1Opinion of the Court

Adams, Oh. J.

1. CONVEYuKoughqíút bm?afided: purchaser. If the defendant’s title derived through Woodward is valid, it is immaterial whether his tax title is valid or not. George Stuart, after his conveyance r * to J°seph Stuart (which did not appear of record), quitclaimed to Woodward. The defendant Miller lx0l(Js under Woodward by deed of warranty. Woodward, who derived title by quitclaim deed, could not be deemed a bona fide purchaser without notice. Springer et al v. Bartle, 46 Iowa, 688. The plaintiff contends that as the defendant holds through the quitclaim deed to Woodward, though…

2Cases cited1 opinion

  1. Springer v. BartleSupreme Court of Iowa · 1877

3Cited by7 opinions

  1. Steele & Son v. Sioux Valley BankSupreme Court of Iowa · 1890
  2. Meikel v. BordersIndiana Supreme Court · 1891
  3. Huber v. BossartSupreme Court of Iowa · 1886
  4. Rich v. DownsSupreme Court of Kansas · 1909
  5. Fowler v. WillSouth Dakota Supreme Court · 1905

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