Legal Opinion

O'Hagan v. Clinesmith

Supreme Court of Iowa

Decided April 11, 1868PublishedCited by 6 opinions

Appeal from Franklin District Court. The facts of this case are substantially as follows: Plaintiff, in August, 1861, held a title bond from one White, for forty acres of land. The purchase price was all paid and he entitled to a deed.

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Appeal from Franklin District Court. The facts of this case are substantially as follows: Plaintiff, in August, 1861, held a title bond from one White, for forty acres of land. The purchase price was all paid and he entitled to a deed. In that month, under proceedings theretofore commenced, his wife, Honora O’Hagan, by the decree of the District Court of Franklin county, obtained a divorce and was allowed as alimony, this, with another forty acre tract, and White was ordered to convey the same to her accordingly. This deed she obtained in April, 1862, and, in November, 1863, she conveyed the…

1Opinion of the CourtWright, J.

1. Evidence objections to. It is objected that the court below erred in admitting in evidence, against plaintiff’s objection, the deed from White to the wife, Honora O’Hagan. Its pertinency would seem to be most apparent. This conveyance was an essential chain in the title under which defendants undertook to justify. Aside from this, however, the objection was general — no ground whatever being stated. And hence there is no question for us to consider (Rev. § 3107).

2. —legal t trespass: resactfudicata. The main argument, however, is directed to the action of the court in giving and refusing…

2Cited by6 opinions

  1. Lende v. FergusonSupreme Court of Iowa · 1946
  2. Floy v. HibbardSupreme Court of Iowa · 1939
  3. Waltemeyer v. Wisconsin, Iowa & Nebraska Railway Co.Supreme Court of Iowa · 1887
  4. Harrison v. State Banking & Trust Co.South Dakota Supreme Court · 1902
  5. Jewett v. DringerSupreme Court of New Jersey · 1878

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