Hart v. Delphey
Supreme Court of Iowa
'Appeal from Allamakee District Court. — Hon. L. E. Eel-lows, Judge. The first of these actions was brought by Mrs. N. M. Hart to enjoin defendants from trespassing upon certain lands in Allamakee county, Iowa, and the second action was brought by Mr. Hart, more than four years thereafter, to establish his title to another tract of land in said county against the defendants, and to cancel a redemption from tax sale claimed to have been made by said defendants, or one of…
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'Appeal from Allamakee District Court. — Hon. L. E. Eel-lows, Judge. The first of these actions was brought by Mrs. N. M. Hart to enjoin defendants from trespassing upon certain lands in Allamakee county, Iowa, and the second action was brought by Mr. Hart, more than four years thereafter, to establish his title to another tract of land in said county against the defendants, and to cancel a redemption from tax sale claimed to have been made by said defendants, or one of them, and also to quiet his title to said land. Shortly before the bringing of the second suit, plaintiff amended her…
1Opinion of the CourtDeemer, J.
— While' the facts are not seriously in dispute, they are complicated and difficult to state with any degree of clearness. The land in controversy is an island in the Mississippi river near the west bank thereof, and this island is described as lots 5, 6, and 7 in section 26, township 97, range 3 west. Mrs. Hart claims to ’be the owner of lots 5 and 7, and Mr. Hart of lot 6, and the basis for each claim is a tax deed or deeds for said lots executed as hereinafter set forth. Defendants Delphey claim to own the same by purchase from the county and by reason of having homesteaded the same under…
2Cases cited18 opinions
- Wright v. RoseberrySupreme Court of the United States · 1887
- Brown v. HitchcockSupreme Court of the United States · 1899
- Rogers Locomotive MacHine Works v. American Emigrant Co.Supreme Court of the United States · 1896
- Games v. Stiles Ex Dem. DunnSupreme Court of the United States · 1840
- Hussman v. DurhamSupreme Court of the United States · 1897
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3Cited by2 opinions
- State v. Amerada Petroleum CorporationNorth Dakota Supreme Court · 1955
- Hart v. DelpheySupreme Court of Iowa · 1922