Corbin v. Woodbine
Supreme Court of Iowa
Appeal from Washington District Oourt. This is an ordinary action brought by the plaintiff for the recovery of real property — four distinct parcels, three of forty acres each and one of eighty acres — situate in Highland township, Washington county, Iowa. The plaintiff asked for a writ for the possession of said lands, that his title be quieted, for costs and for other relief.
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Appeal from Washington District Oourt. This is an ordinary action brought by the plaintiff for the recovery of real property — four distinct parcels, three of forty acres each and one of eighty acres — situate in Highland township, Washington county, Iowa. The plaintiff asked for a writ for the possession of said lands, that his title be quieted, for costs and for other relief. The defendants for answer deny the ownership of the lands by plaintiff, and deny that he is entitled to the relief asked. They aver that plaintiff claims title by virtue of tax sale and deeds; that the sale was made in…
1Opinion of the CourtCole, J.
1. Practice : review of equitable actions. A question presents itself at the threshold of this case respecting the basis upon which it shall be determined in this • court, whether as an equity or law action. The plaintiff’s petition and cause of action is in ordinary for the recovery of real property. To this petition, the defendants filed an answer in denial, and also setting up affirmative matter upon which an issue was made properly triable by the second method, as a law action. The defendants also filed a cross-petition in which they averred, in substance, the same matters as set forth in…
2Cases cited1 opinion
- Hale v. HeaslipSupreme Court of Iowa · 1864
3Cited by3 opinions
- Dove v. Independent School DistrictSupreme Court of Iowa · 1875
- Jamison v. PerrySupreme Court of Iowa · 1873
- Sherwood v. SherwoodSupreme Court of Iowa · 1876