Williams v. Heath
Supreme Court of Iowa
Appeal from, Iowa District Court. Evidence: primary and secondary: when records MAY BE USED '. TAX CERTIFICATE : NATURE AND RIGHTS CONFERRED thereby, etc. — Action at law, to recover possession of certain real property. The same canse was before this court under the name of Furguson v. Heath (Dec. Term, 1866, 21 Iowa). When the cause was remanded, Williams was made plaintiff in the place of Eurguson.
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Appeal from, Iowa District Court. Evidence: primary and secondary: when records MAY BE USED '. TAX CERTIFICATE : NATURE AND RIGHTS CONFERRED thereby, etc. — Action at law, to recover possession of certain real property. The same canse was before this court under the name of Furguson v. Heath (Dec. Term, 1866, 21 Iowa). When the cause was remanded, Williams was made plaintiff in the place of Eurguson. Plaintiff claimed title by virtue of a regular chain of conveyances from the United States down to him. Defendant claimed title under a tax sale and deed. Trial to court; judgment for plaintiff,…
1Opinion of the CourtDillon, J.
1. Evidence: secondary evidence of deed. I. The plaintiff, to establish his title, which' was put in issue by the answer, relied upon four mesne conveyances. He did not offer in evidence the original of those deeds, viz.: deed from Morseman (patentee) to Cross; deed from Gross to Bliler; deed from Bliler to Williams and from Williams to Eurguson. He did produce and read the original deed from Eurguson to himself. To prove the above named intermediate conveyances the plaintiff offered the record thereof in the county recorder’s office. To lay the foundation for this secondary evidence, the…
2Cases cited2 opinions
- Evertsen v. SawyerNew York Supreme Court · 1829
- Jackson ex dem. Gouch v. WoodNew York Supreme Court · 1815
3Cited by14 opinions
- Hefner v. Northwestern Life InsuranceSupreme Court of the United States · 1887
- Eldridge v. KuehlSupreme Court of Iowa · 1869
- U. S. Homes, Inc. v. YatesSupreme Court of Iowa · 1970
- McCollister v. YardSupreme Court of Iowa · 1894
- Moffitt v. Future Assurance Associates, Inc.Supreme Court of Iowa · 1966
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