Throckmorton v. Rider
Supreme Court of Iowa
Appeal from Pottawattamie District Court. This is a suit in equity brought by the plaintiff to quiet in him the title to certain lands in Harrison county, Iowa. Upon a trial before the District Court a decree was rendered for the plaintiff. Defendants appeal. The facts of the case are stated in the opinion.
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Appeal from Pottawattamie District Court. This is a suit in equity brought by the plaintiff to quiet in him the title to certain lands in Harrison county, Iowa. Upon a trial before the District Court a decree was rendered for the plaintiff. Defendants appeal. The facts of the case are stated in the opinion. A person who stands by and permits third parties to become beneficially interested in land of which he claims to be the owner, without giving notice to such parties or in any way apprising them of his rights or taking steps to enforce the same, cannot ask the intervention of a court of…
1Opinion of the Court
Miller, Gh. J.
This is an action in equity, and comes to this court for trial de novo upon the evidence adduced in the court below. There js some conflict in the evidence but we have no difficulty in arriving at the facts of the case, which we find to be as follows: The plaintiff was the lawful owner of the land in controversy on the 8th day of March, 1858, on which day he and his wife executed a conveyance thereof to David N. Smith, of Lucas county, Iowa, for the nominal consideration of one thousand dollars. The purpose of this conveyance was to enable Smith, as the agent of the plaintiff,'…
2Cases cited1 opinion
- Sillyman v. KingSupreme Court of Iowa · 1873
3Cited by6 opinions
- Long v. Garey Investment Co.Supreme Court of Iowa · 1907
- Rush v. MitchellSupreme Court of Iowa · 1887
- Reining v. NevisonSupreme Court of Iowa · 1927
- Egbert v. DuckSupreme Court of Iowa · 1948
- Anderson v. BuckSupreme Court of Iowa · 1885
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