Bacon v. Chase
Supreme Court of Iowa
Appeal from Woodbury District Coíwí.-'-Hon. George: W. Wakefield, Judge. November 17, 1888, M. A. Bacon, widow, and’ Moses C. Bacon, Leonard R. Bacon and Sarah Tule, sole heirs of Moses W. Bacon, filed their petition entitled as in equity against R. J. Chase and fifty-five-other defendants.
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Appeal from Woodbury District Coíwí.-'-Hon. George: W. Wakefield, Judge. November 17, 1888, M. A. Bacon, widow, and’ Moses C. Bacon, Leonard R. Bacon and Sarah Tule, sole heirs of Moses W. Bacon, filed their petition entitled as in equity against R. J. Chase and fifty-five-other defendants. They alleged that Moses W. Bacon died seized of the northwest quarter of the southeast quarter of section 27, township 89, range 47, Woodbury county, Iowa, and that they became the owners thereof' by inheritance; that the defendants are making claim of title thereto by virtue of a pretended deed of…
1Opinion of the CourtGiven, J.
1. Administrator's sale: jurisdiction of court: waiver of notice: collateral attack. It will be seen from the foregoing statement of the pleadings that the controlling questions between the plaintiffs and the defendants are whether the proceedings had in the county court of Woodbury county for the sale of real estate, and the deed made to Joseph C. Plummer, under whom the defendants claim title, was such as to divest the plaintiffs of their title to the land, or, in other words, whether that proceeding was legal; if the proceedings were not legal, then whether the plaintiffs are barred from…
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