Mason v. Messenger
Supreme Court of Iowa
Appeal from, Van Burén District Court. This is an action for tbe recovery of real property, embraced in wbat is known as tbe “Half-Breed Tract,” commenced in August, 1856, in tbe District Court of Lee county, and taken, by change of venue, to Van Burén county, where it was tried at tbe June Term, 1863. On tbe trial, tbe plaintiff offered in evidence a duly certified copy of the judgment or decree of partition of the “HalfBreed Tract," rendered by tbe District Court of Lee…
Read the full summary
Appeal from, Van Burén District Court. This is an action for tbe recovery of real property, embraced in wbat is known as tbe “Half-Breed Tract,” commenced in August, 1856, in tbe District Court of Lee county, and taken, by change of venue, to Van Burén county, where it was tried at tbe June Term, 1863. On tbe trial, tbe plaintiff offered in evidence a duly certified copy of the judgment or decree of partition of the “HalfBreed Tract," rendered by tbe District Court of Lee county, Iowa Territory, on tbe 8th day of May, 1841, in tbe case entitled Josiah Spaulding et al. v. Euphrasine Ántonya et…
1Opinion of the CourtCole, J.
1. halfbreedtract: service of notice. I. Tbe record in tbe partition case, shows that tbe provisions of tbe act, under which tbe partition proceedings were bad in relation to publication of notice, were complied with. But it shows ' L - that the decree was rendered May 8th, 1841, and that tbe affidavit of publication in only one paper was filed before that date, and tbe affidavit of publication in tbe other was filed October 5th, 1841, after the decree was rendered, but before tbe final confirmation of the partition under it. The act did not require the proof to be filed before tbe court…
2Cases cited9 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- United States Tr. Co. of New York v. . U.S. Fire Ins. Co.New York Court of Appeals · 1858
- Holden v. JamesMassachusetts Supreme Judicial Court · 1814
- Woodcock v. BennetNew York Supreme Court · 1823
- Morse v. . GooldNew York Court of Appeals · 1854
4 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Matter of the Estate Op Bernard NewManCalifornia Supreme Court · 1888
- Morrill v. MorrillOregon Supreme Court · 1890
- Board of Com'rs v. PlattCourt of Appeals for the Eighth Circuit · 1897
- Anderson v. AndersonIndiana Court of Appeals · 1979
- Foreman v. CarterSupreme Court of Kansas · 1872
32 more not listed; retrieve them via the Exa API.