Byington v. Stone
Supreme Court of Iowa
Appeal from Johnson District Court. It is alleged in the’petition that the defendant Stone purchased certain real estate at tax sale on the 2d day of October, 1860, and that the treasurer of the county executed and delivered a tax deed for the same to said Stone on the 2d day of December, 1863 ; that on the 7th day of October, 1867, said Stone conveyed a part of said real estate by deed tooneScanlan, and the residue to one Sanders; that said Scanlan has since conveyed the…
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Appeal from Johnson District Court. It is alleged in the’petition that the defendant Stone purchased certain real estate at tax sale on the 2d day of October, 1860, and that the treasurer of the county executed and delivered a tax deed for the same to said Stone on the 2d day of December, 1863 ; that on the 7th day of October, 1867, said Stone conveyed a part of said real estate by deed tooneScanlan, and the residue to one Sanders; that said Scanlan has since conveyed the part held by him to the defendant O’Hanlon, and said Sanders Ims conveyed that part held by him to the defendant Horace…
1Opinion of the CourtRothrock, J.
i. practice: answer. ‘ — I. The first assignment of error is that tho court disregarded the answer. As we understand the record the answer was withdrawn by leave of the court, and was not before the court for any purpose. When the answer was withdrawn and the demurrer fil.d the cause stood for hearing upon the demurrer. It is insisted in argument that the defendants should not have been permitted to withdraw the answer and demur, because the answer had been upon the files for two years. This was a matter within the discretion of the court, and it does not appear that there was any abuse of…
2Cited by9 opinions
- Shelley's EstateSupreme Court of Pennsylvania · 1927
- Tucker v. CarlsonSupreme Court of Iowa · 1901
- Bowman v. Chicago, St. Paul. & Kansas City Railway Co.Supreme Court of Iowa · 1892
- Brooks v. Miami Bank & Trust Co.Supreme Court of Florida · 1934
- In Re Estate of ArduserSupreme Court of Iowa · 1939
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