Foster v. Young
Supreme Court of Iowa
Appeal from, Scott District Oowrt. The petition avers that Thomas Foster died intestate, seized of lot 4, and north 45 feet of lot 3, in C. S. Whisler’s addition to Davenport; lots 6 and 7, block 2, of Forrest and Dillon’s addition; lots 14 and 15 in block 16, and lots 1, 2, 3 and 4 in block 22, in Fulton’s addition, and leaving Ellen Foster, one of the plaintiffs, his widow, and the other plaintiffs, six in number, his children.
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Appeal from, Scott District Oowrt. The petition avers that Thomas Foster died intestate, seized of lot 4, and north 45 feet of lot 3, in C. S. Whisler’s addition to Davenport; lots 6 and 7, block 2, of Forrest and Dillon’s addition; lots 14 and 15 in block 16, and lots 1, 2, 3 and 4 in block 22, in Fulton’s addition, and leaving Ellen Foster, one of the plaintiffs, his widow, and the other plaintiffs, six in number, his children. The petitioners pray that certain sheriff’s sales of lot 4, and the north 45 feet of lot 3, under the foreclosure of a deed of trust, and a judgment obtained by…
1Opinion of the CourtDay, J.
1 Conveyance : li?anaudgeffeot of covenants. The principal question, and the one which in our view is decisive of the case, relates to the effect ^ t.nist deed to Hozen, and of the proceedings had thereunder. I. ALs to the effect of scdd deed upon the rights of Ellen Foster. The deed is executed by her as the guardian of the minor heirs of Thomas Foster, deceased, and contains *33the following covenants : “ The said Ellen Foster, guardian as aforesaid, hereby covenanting for herself, her heirs, executors, and administrators that she is seized of a good and indefeasible title in fee simple; that…
2Cases cited7 opinions
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Jackson ex dem. Lathrop v. DemontNew York Supreme Court · 1812
- Poor v. RobinsonMassachusetts Supreme Judicial Court · 1813
- Huston v. SeeleySupreme Court of Iowa · 1869
- Dougrey v. Topping & HolmeNew York Court of Chancery · 1833
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Chestnut v. TysonSupreme Court of Alabama · 1894
- Foote v. ClarkSupreme Court of Missouri · 1890
- Beck v. Minnesota & Western Grain Co.Supreme Court of Iowa · 1906
- Broadbent v. BrumbackIdaho Supreme Court · 1888
- Broom v. WolfeSupreme Court of Iowa · 1878
1 more not listed; retrieve them via the Exa API.