Van Orman v. Spafford, Clarke & Co.
Supreme Court of Iowa
Appeal from Olayion District Court. The plaintiff brought tbis action at law in tbe usual form, to recover tbe possession of lot three (3), in block three (3), in the town of McGregor. Tbe plaintiff claimed, on tbe trial, to deduce his title by conveyances from and under James and Duncan McGregor. Tbe petition makes all of tbe occupants of tbe lot, parties defendant.
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Appeal from Olayion District Court. The plaintiff brought tbis action at law in tbe usual form, to recover tbe possession of lot three (3), in block three (3), in the town of McGregor. Tbe plaintiff claimed, on tbe trial, to deduce his title by conveyances from and under James and Duncan McGregor. Tbe petition makes all of tbe occupants of tbe lot, parties defendant. These parties answer, disclaiming any title in themselves, and stating that they bold tbe said premises as tenants simply, under Spafford, Clarke & Co. One Jas. E. S. Southgate filed bis petition to be allowed to intervene, on…
1Opinion of the CourtDillon, J.
One question which meets us at the threshold, and which as a question under the Revision had not been settled at the time this cause was tried below, is, whether an equitable defense can be pleaded to a law action *190for the recovery of the possession of real property ? The District Court held such a defense allowable, and this ruling accords with the doctrine of this Court as established by the case pf Rosierz v. Van Dam, ante.
It will be seen by reference to the statement of the case, that the action of the plaintiff was properly commenced at law, or in the circumlocutory language of the…
2Cited by18 opinions
- Richmond v. Dubuque & Sioux City R. R.Supreme Court of Iowa · 1871
- Union Pac. R. v. SyasCourt of Appeals for the Eighth Circuit · 1917
- Awada v. Shuffle Master, Inc.Nevada Supreme Court · 2007
- Carr v. CraigSupreme Court of Iowa · 1908
- Hoy v. HeaverSupreme Court of Iowa · 1915
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