Legal Opinion

Connors v. Meservey

Supreme Court of Iowa

Decided September 10, 1888PublishedCited by 4 opinions

Appeal from Webster District Court. — Hon. John L. Stevens, Judge. Action on the covenants in- a deed executed by the defendant, conveying certain real estate to the plaintiff. The breaches stated in the petition are that the defendant was not lawfully seized of, and did not have lawful authority to sell and convey, said premises, and that the plaintiff was compelled to purchase the superior title.

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Appeal from Webster District Court. — Hon. John L. Stevens, Judge. Action on the covenants in- a deed executed by the defendant, conveying certain real estate to the plaintiff. The breaches stated in the petition are that the defendant was not lawfully seized of, and did not have lawful authority to sell and convey, said premises, and that the plaintiff was compelled to purchase the superior title. The defendant denied the allegations of the petition, and pleaded that she derived the title conveyed by her under the swamp-land grant made by congress on the twenty-eighth day of September, 1850,…

1Opinion of the CourtServers, J.

— The outstanding title purchased by the plaintiff was derived under the act of congress approved May 15, 1856, granting lands in aid of the construction of railroads in the state of Iowa. The material question to be determined is whether this or a title under the swamp-land grant is the superior title. In considering such question it is not deemed necessary to state with particularity the state and congressional legislation on the subject, for the reason that it is well known, and the effect thereof understood, and at this day cannot be a subject of doubt. To maintain the issue on his part,…

2Cases cited1 opinion

  1. Page County v. B. & M. R. R.Supreme Court of Iowa · 1875

3Cited by4 opinions

  1. Befay v. WheelerWisconsin Supreme Court · 1893
  2. Young v. HansonSupreme Court of Iowa · 1895
  3. Snell v. Dubuque & Sioux City Railway Co.Supreme Court of Iowa · 1889
  4. Snell v. Dubuque & Sioux City Railway Co.Supreme Court of Iowa · 1890

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