Shay v. Callanan
Supreme Court of Iowa
Appeal from Taylor District Oourt.— Hon. P. L. Parrish, Judge. Action to qtiiet title, coupled with a demand that costs, including statutory attorney’s fees, be taxed against defendant. The latter filed a disclaimer, and denied that any request for a quitclaim deed or tender of fee therefor had been made. On hearing, decree was entered as prayed, with costs, and an attorney’s fee of $10 taxed against the defendant. He appeals.-
1Opinion of the CourtLadd, J.
On the 11th day of March, 1902, Charles Thomas, as attorney for plaintiff, addressed a letter to the defendant, requesting him to execute a quitclaim deed of an 80-acre tract of land to his client, who had occupied it for more than twenty-five years. A quitclaim deed ready for his signature, and a bank draft, payable to defendant, for $1.25, were inclosed. To this Thomas received the following response: “ Office of James Callanan. Des.Moines, Iowa, March 15, 1902. Charles Thomas, Bedford, Iowa — Dear Sir: Your letter of the 11th inst. with quitclaim deed for W. %, S. E. %, 10, 69, 35, for me…
2Cases cited7 opinions
- McGrath v. GegnerCourt of Appeals of Maryland · 1893
- Harrison v. LegoreSupreme Court of Iowa · 1899
- Gradle v. WarnerIllinois Supreme Court · 1892
- McPherrin v. JenningsSupreme Court of Iowa · 1885
- Mitchell v. Vermont Copper Mining Co.New York Court of Appeals · 1876
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3Cited by7 opinions
- Lyon v. WillieSupreme Court of Iowa · 1980
- Curran v. Bray Wood Heel Co., Inc.Supreme Court of Vermont · 1949
- Gaunt v. Alabama Bound Oil & Gas Co.Court of Appeals for the Eighth Circuit · 1922
- Watson v. ChapmanSupreme Court of Iowa · 1952
- Rupard v. ReesSupreme Court of Oklahoma · 1923
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