Lepage v. McNamara
Supreme Court of Iowa
Appeal from the Dubuque District Gou/rt. This was an action under the Code, for the recovery of real property. Tlie plaintiffs claim, as the heirs at law of Baptiste Lepage, deceased, the legal title and immediate possession of the north sixteen feet and nine inches of lot U A., in the city of Dubuque.
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Appeal from the Dubuque District Gou/rt. This was an action under the Code, for the recovery of real property. Tlie plaintiffs claim, as the heirs at law of Baptiste Lepage, deceased, the legal title and immediate possession of the north sixteen feet and nine inches of lot U A., in the city of Dubuque. They aver that the defendant is in possession of the premises, receiving the rents and profits, and they pray judgment against him for the possession, and damages for the detention of the same. The defendant answers, and denies the right of the plaintiff. He avers that he is rightfully in…
1Opinion of the CourtStockton, J.
¥e first inquire whether the defendant acquired any title to the property in dispute, by virtue of the sheriff’s deed to Simplot, and the subsequent conveyances from Simplot to Biron, and from Biron to defendant. At the death of Lepage, his administrators succeeded to his personal estate, and his real estate, undisposed of by will, descended to his heirs at law. The sale of the real estate, made by the sheriff, under an execution issued on a judgment against the administrators, passed no title to the, purchaser, for the sufficient reason, that the administrators had no title or interest in…
2Cases cited4 opinions
- Trustees of the Philadelphia Baptist Ass'n v. Hart's ExecutorsSupreme Court of the United States · 1819
- Moore's Heirs v. Moore's DeviseesCourt of Appeals of Kentucky · 1836
- Cooper v. GalbraithU.S. Circuit Court for the District of Pennsylvania · 1819
- Johnson v. MayneSupreme Court of Iowa · 1856
3Cited by17 opinions
- Jackson v. PhillipsMassachusetts Supreme Judicial Court · 1867
- Grimes' Executors v. HarmonIndiana Supreme Court · 1871
- Moran v. MoranSupreme Court of Iowa · 1897
- Quinn v. ShieldsSupreme Court of Iowa · 1883
- Phillips v. HarrowSupreme Court of Iowa · 1894
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