Shawhan v. Loffer
Supreme Court of Iowa
Appeal from, Keokuk District Court. This action was brought to recover certain lands in Keokuk county. The petition sets out that the plaintiffs, George TV. Shawhan, aged twenty-one years, Sarah E. Shawhan, aged eighteen years, and Hannah O. Shawhan, aged seventeen (who sues by her next friend, George TV. Shawhan), are children and heirs at law of Benjamin P. Shawhan, who died intestate, May 1, 1852, seized of said lands.
Read the full summary
Appeal from, Keokuk District Court. This action was brought to recover certain lands in Keokuk county. The petition sets out that the plaintiffs, George TV. Shawhan, aged twenty-one years, Sarah E. Shawhan, aged eighteen years, and Hannah O. Shawhan, aged seventeen (who sues by her next friend, George TV. Shawhan), are children and heirs at law of Benjamin P. Shawhan, who died intestate, May 1, 1852, seized of said lands. The relief asked is the recovery of said realty, which is in the possession of defendant, and $300 damages for rents and profits. By an amended petition, James E. Philip,…
1Opinion of the CourtBeck, J.
Although the principles involved class of cases are well settled by frequent decisions, it is not at all strange that we are so often called upon to apply them in the adjudication of titles. It is accounted for by the great and often rapid increase in the value of lands. An executor or guardian, in good faith and, as it seemed at the time, for the best interests of all concerned, was empowered to sell the lands of the estate or of his ward. The lands were of inconsiderable value and were sold for what was, at the time, a fair and honest price.
A few years increases their value many hundred per…
2Cases cited5 opinions
- Cooper v. SunderlandSupreme Court of Iowa · 1856
- Pursley v. HayesSupreme Court of Iowa · 1867
- Inskeep v. InskeepSupreme Court of Iowa · 1857
- Starry v. StarrySupreme Court of Iowa · 1866
- Wade v. CarpenterSupreme Court of Iowa · 1856
3Cited by37 opinions
- Koehler & Lange v. HillSupreme Court of Iowa · 1883
- Lingo v. BurfordSupreme Court of Missouri · 1892
- Lees v. WetmoreSupreme Court of Iowa · 1882
- Ellyson v. LordSupreme Court of Iowa · 1904
- Bacon v. ChaseSupreme Court of Iowa · 1891
32 more not listed; retrieve them via the Exa API.