Adams v. Beale
Supreme Court of Iowa
Appeal from Johnson Dütrict Court. This suit was commenced on the 80th day of April, 1868, by a petition in ordinary proceedings, to recover the possession of real property. The plaintiff claimed the possession of one hundred and twenty acres, and deduced his title through a foreclosure sale under a mortgage executed by defendant, Thomas Beale, in which his wife did not join, nor was she a party to the foreclosure proceedings.
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Appeal from Johnson Dütrict Court. This suit was commenced on the 80th day of April, 1868, by a petition in ordinary proceedings, to recover the possession of real property. The plaintiff claimed the possession of one hundred and twenty acres, and deduced his title through a foreclosure sale under a mortgage executed by defendant, Thomas Beale, in which his wife did not join, nor was she a party to the foreclosure proceedings. The defendants answered, controverting the plaintiff’s right to recover. At the January Term, 1864, by agreement of the parties, the plaintiff had judgment for the…
1Opinion of the CourtCole, J.
’kenc®: tases. The pleadings are quite vohiminous and present questions upon demurrer, motion to strike, and effect of amendment after demurrer, &c., which become immaterial for us to determine, and it therefore unnecessary for us to incumber the record with them.
I. After the defendants had answered the supplemental petition, they obtained leave and filed an amended answer, in which they set up that defendant, Thomas Beale, paid the taxes for 1858. On the trial, after the plaintiff had rested his case, the defendant, Thomas, was introduced and sworn as a witness, and by whom the defendants…
2Cases cited7 opinions
- Dubois v. HepburnSupreme Court of the United States · 1836
- Burton v. HintragerSupreme Court of Iowa · 1865
- Byington v. RiderSupreme Court of Iowa · 1859
- Byington v. BookwalterSupreme Court of Iowa · 1859
- Sargent v. WilsonCalifornia Supreme Court · 1855
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3Cited by46 opinions
- McCready v. Sexton & SonSupreme Court of Iowa · 1870
- Getchell & Martin Lumber & Manufacturing Co. v. Peterson & SampsonSupreme Court of Iowa · 1904
- Fisher v. BettsNorth Dakota Supreme Court · 1903
- Rice v. NelsonSupreme Court of Iowa · 1869
- Boykin v. StateSupreme Court of Florida · 1898
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