Elston & Green v. Robinson
Supreme Court of Iowa
Appeal from Story District Court, ■ This cause, an action to recover real property, was before us at the December Term,-1866, and will be found in 21 Iowa, 531. On the second trial it appeared that plaintiffs claim under an execution sale; that their judgment was rendered September 14, 1858, ■ upon a note made November 3, 1856; that the sale was made March 26, 1860, and that defendant’s husband, now deceased, obtained title October 8, 1856. He commenced building the house on…
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Appeal from Story District Court, ■ This cause, an action to recover real property, was before us at the December Term,-1866, and will be found in 21 Iowa, 531. On the second trial it appeared that plaintiffs claim under an execution sale; that their judgment was rendered September 14, 1858, ■ upon a note made November 3, 1856; that the sale was made March 26, 1860, and that defendant’s husband, now deceased, obtained title October 8, 1856. He commenced building the house on the lot in controversy, in May or J une, 1858; moved into it July, 1859, stayed one night, moved out next morning,…
1Opinion of the CourtWeight, J.
However correct the instruction asked may have been, in view of the only real issue in the case, it was still subject to the objection, that, thereunder, plaintiffs were entitled to recover without proof of title in themselves. In other words, it based their right to the property upon one single fact, a fact of no weight or significance, having no place in the case, until they had shown, at least, a jjrima faeie right to recover. Their title was denied generally and in detail, and they had no right, therefore, to ask the court to.assume that the only question was the one indicated by the…
2Cases cited2 opinions
- Christy v. DyerSupreme Court of Iowa · 1863
- Hale v. HeaslipSupreme Court of Iowa · 1864
3Cited by9 opinions
- In Re StreeperUnited States Bankruptcy Court, N.D. Iowa · 1993
- First National Bank v. HollinsworthSupreme Court of Iowa · 1889
- Cowgell v. WarringtonSupreme Court of Iowa · 1885
- Neal v. CoeSupreme Court of Iowa · 1872
- Williams v. DorrisSupreme Court of Arkansas · 1876
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