Norton, Jewett & Busby v. Williams
Supreme Court of Iowa
Appeal from Linn District Court. Right. Both parties claim under one Turner. The plaintiffs’ title stands thus: The property was attached July 10, 1855, at the suit of Butler & Winter against Turner. September 5, 1855, a judgment was obtained in that action, on which an execution issued, which was levied on the property in controversy. September 31st, it was sold under the execution, to plaintiff.
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Appeal from Linn District Court. Right. Both parties claim under one Turner. The plaintiffs’ title stands thus: The property was attached July 10, 1855, at the suit of Butler & Winter against Turner. September 5, 1855, a judgment was obtained in that action, on which an execution issued, which was levied on the property in controversy. September 31st, it was sold under the execution, to plaintiff. The defendant’s title is this: October 2,1854, he obtained a deed from Turner wThich was filed for record September 24, 1855. The real estate was uninclosed and unimproved. Defendant’s possession…
1Opinion of the Court
Weight, C. J.1—
The opinion of a majority of the court was filed at the December term, 1857, reversing this case, finding the title, upon the facts stated, to be in the plaintiffs. *530At the same term a rehearing was granted, and the case is now again submitted upon further argument.
The defendant is to be treated as a purchaser in good faith, and for a valuable consideration. The question then, is whether his deed, made and delivered prior to the attachment and judgment, but recorded after both, is to have priority over the the title of the plaintiffs. Further thought and a more careful…
2Cases cited2 opinions
- Vattier v. HindeSupreme Court of the United States · 1833
- Davis v. OwnsbySupreme Court of Missouri · 1851
3Cited by27 opinions
- Sillyman v. KingSupreme Court of Iowa · 1873
- Thomas v. HillhouseSupreme Court of Iowa · 1864
- Thomas v. KennedySupreme Court of Iowa · 1868
- Carlisle v. MillimanSupreme Court of Iowa · 1925
- Fletcher v. KellySupreme Court of Iowa · 1893
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