Castor v. Dufur
Supreme Court of Iowa
Appeal from Union District Court.— Hon. H. M. Towner, Judge. Action for breach of a covenant of warranty as to seisin made in a deed by one of plaintiff’s remote grantors. Defendant interposed many defenses, some of which will be referred to in the body of the opinion. The case was tried to the court, a jury being waived, as a law action, resulting in a judgment dismissing plaintiff’s petition, and he appeals.—
1Opinion of the CourtDebmer, J.
1. action sor StoroeiTto tit?& vendor’s 'Primarily the controversy is over the title to forty acres of land in Clarke county, Iowa, known as the “ S. E. A of the N. E. J4 of section 11, twp. 73, range 37.” There seem to be three separate and some extent independent sources of title. One through tax deeds executed by the treasurer of Clarke county, Iowa, as early as the year 1872; another a quitclaim deed to one of plaintiff’s remote grantors from the Chicago, Burlington & Quincy Railroad Company, of date March 27, 1887; and a third a homestead entry made by plaintiff some time in the year…
2Cases cited11 opinions
- Atherton v. FowlerSupreme Court of the United States · 1878
- United States v. Winona & St. Peter RailroadSupreme Court of the United States · 1897
- Rector v. GibbonSupreme Court of the United States · 1884
- Ard v. BrandonSupreme Court of the United States · 1895
- Bush v. MarshallSupreme Court of the United States · 1848
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Holmes Development, LLC v. CookUtah Supreme Court · 2002