Blain v. Stewart
Supreme Court of Iowa
Appeal from the Des Moines District Court. This is an action of right brought by Blain, to recover of Stewart tbe south half of lot 212 in Burlington. Thomas M. Isett purchased the lot of the United States, February 3d, 1841, and on the 13th March, 1853, conveyed the south half of the same to the plaintiff. The defendant had been several years in possession of the premises, at the time of the commencement of the suit.
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Appeal from the Des Moines District Court. This is an action of right brought by Blain, to recover of Stewart tbe south half of lot 212 in Burlington. Thomas M. Isett purchased the lot of the United States, February 3d, 1841, and on the 13th March, 1853, conveyed the south half of the same to the plaintiff. The defendant had been several years in possession of the premises, at the time of the commencement of the suit. The plaintiff having shown these facts on the trial, rested his case. The defendant claims title under a judgment in the District Court of Des Moines county, in favor of Hood &…
1Opinion of the CourtStockton, J.
The errors assigned in this cause, question the correctness of the instructions to the jury, in the court below. The first question presented for our decision is, whether, under the act of January 16th, 1840 (Session Acts, 76), the judgment was a lien on an equitable interest in real estate. On this point, it is sufficient for us to refer to the act of January 19th, 1839 (Laws of Iowa, 74), concerning the construction of statutes. Under the ninth clause of the fifth section of that act, the term “ real estate ” must be construed “ to include lands, tenements, and hereditaments, and all rights…
2Cases cited1 opinion
- Lessee of Sicard v. DavisSupreme Court of the United States · 1832
3Cited by6 opinions
- Simms v. HerveySupreme Court of Iowa · 1865
- Dussaume v. BurnettSupreme Court of Iowa · 1857
- Crosby v. Elkader Lodge No. 72Supreme Court of Iowa · 1864
- Peoples National Bank v. MaxsonSupreme Court of Iowa · 1915
- Kruger v. WalkerSupreme Court of Iowa · 1895
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