Blanchard v. Ware
Supreme Court of Iowa
Appeal from Doweshielc District Court. The petition alleges in substance that, in March, 18TO, plaintiffs purchased from W. D. Freeman certain land in Poweshiek county; that Freeman had been in possession of said land with title or under color of title for several years, and had iu good faith made improvements to the value of $1,000; that at the time of plaintiffs’ purchase an action of right for said land was pending, wherein defendant herein was claiming said land as…
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Appeal from Doweshielc District Court. The petition alleges in substance that, in March, 18TO, plaintiffs purchased from W. D. Freeman certain land in Poweshiek county; that Freeman had been in possession of said land with title or under color of title for several years, and had iu good faith made improvements to the value of $1,000; that at the time of plaintiffs’ purchase an action of right for said land was pending, wherein defendant herein was claiming said land as against said Freeman; that plaintiffs had no knowledge of said action, being residents of the State of Illinois; that before…
1Opinion of the CourtRothrock, J.
At common law án occupying claimant could not recover in a separate action against one who held the superior title, whatever the good faith with which his improvements were made, nor whatever his color of title.
The plaintiffs in this case claim that they are entitled to recover in equity for the alleged fraudulent acts of the defendant, and by reason of the want of actual notice of the pendency of the suit of defendant against Freeman.
They purchased the land pendente lite, and are bound by the judgment and the service of the writ of possession, the same as Freeman would have been if he had…
2Cases cited1 opinion
- Blanchard v. WareSupreme Court of Iowa · 1873
3Cited by9 opinions
- Houston v. TimmermanOregon Supreme Court · 1889
- Lindt v. UihleinSupreme Court of Iowa · 1902
- Cole v. ColeSupreme Court of Vermont · 1952
- Read v. HoweSupreme Court of Iowa · 1878
- Tredway v. McDonaldSupreme Court of Iowa · 1879
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