Jamison v. Perry
Supreme Court of Iowa
Appeal from Wapello Circuit Court. Action at law upon the covenant of general warranty in a conveyance of the north half of the south-east quarter1 of section nine, township seventy-one, range twelve, made by the defendants, O. TI. & II. W. Perry,' to their cordefendant, ~W.r A. Jordan, and by him to the plaintiff, with like warranty. The defendants, O. II. & II.
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Appeal from Wapello Circuit Court. Action at law upon the covenant of general warranty in a conveyance of the north half of the south-east quarter1 of section nine, township seventy-one, range twelve, made by the defendants, O. TI. & II. W. Perry,' to their cordefendant, ~W.r A. Jordan, and by him to the plaintiff, with like warranty. The defendants, O. II. & II. W. Perry, aver that at the date of their conveyance to Jordan, they had an absolute and perfect title, and deny any breach of their covenant. No defense is made by Jordan. There was a trial to the court and the facts found…
1Opinion of the CourtCole, J.
The counsel in this case have argued two questions, as being the only questions involved in it. They are: First — Was the title claimed by the defendants under the mortgage foreclosure, barred by our statute of limitations, at the time of the conveyance by them to their grantee, W. A. Jordan? Second — Was the omission to affix a scroll to the record of certificate of acknowledgment, such a defect as that the record did not impart constructive notice of the rights of the mortgagees? The court below held that the second ques*17tion must be answered in the affirmative; and upon that answer based a…
2Cases cited3 opinions
- Close v. SammSupreme Court of Iowa · 1869
- Johnson v. HopkinsSupreme Court of Iowa · 1865
- Corbin v. WoodbineSupreme Court of Iowa · 1871
3Cited by8 opinions
- Rauen v. Prudential Insurance Co. of AmericaSupreme Court of Iowa · 1906
- Vincent v. EllisSupreme Court of Iowa · 1902
- Munier v. ZacharySupreme Court of Iowa · 1908
- Jewett v. JewettSupreme Court of Iowa · 1961
- Jefferies v. Fraternal Bankers' Reserve SocietySupreme Court of Iowa · 1907
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