Cofer v. Echerson
Supreme Court of Iowa
Appeal from the Hamilton District Court. The plaintiffs bring this action to recover possession of the south-west quarter of the south-west quarter of section sixteen, township eighty-seven, north range twenty-six west, on which is situated a mill and appurtenances. The defendant holds by purchase from the school fund commissioner.
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Appeal from the Hamilton District Court. The plaintiffs bring this action to recover possession of the south-west quarter of the south-west quarter of section sixteen, township eighty-seven, north range twenty-six west, on which is situated a mill and appurtenances. The defendant holds by purchase from the school fund commissioner. On the 18th of January, 1856, he executed a deed, which was absolute in its form and terms, conveying the land to Thomas Snell and Hiram Butterworth, who, on the same day, executed to him a deed of defeasance, conditioned to reconvey to him, upon his paying a…
1Opinion of the CourtWoodward, J.
— This appeal is from the appointment of a receiver. The action is in the nature of ejectment, to obtain possession of the land. In the inquiry as to the propriety of appointing a receiver, the whole case will be looked at.
We do not notice the question whether a receiver can be appointed in a mere action at law, any farther than to prevent'silence being construed into an assent to the affirmative of the proposition. So far as there may be a question, it is left open.
There are no equitable proceedings pending in relation to the property, which, besides the land itself, consists of a grist and…
2Cited by4 opinions
- Henderson v. ReynoldsIndiana Supreme Court · 1907
- Hardy Oil Company v. BurnhamCourt of Appeals of Texas · 1909
- Greenland v. District Court of Second Judicial DistrictMontana Supreme Court · 1893
- Environmental Control Systems, Inc. v. AllisonIndiana Court of Appeals · 1974