Bishop v. Knowles
Supreme Court of Iowa
Appeal from Des Moi/nes Circuit Coxirt. Action in equity to quiet title to part of a lot in the city of Burlington, and to cancel- a sale thereof under a certain trust deed. There was a demurrer to the petition, which was sustained. Plaintiffs elected to stand upon the petition, and the court thereupon rendered a judgment against them for costs. Plaintiffs appeal.
1Opinion of the CourtRothrock, J.
As the cause was disposed of upon demurrer, a statement of the averments of the petition is necessary to a fair understanding of the questions involved. It is unnecessary to set out the petition at length, and we will proceed to give a condensed and succinct statement of its substance, in.doing which we find ourselves very much aided by the very clear and fair statement made by counsel for appellees.
Philemon Bishop was the owner of the real estate in controversy. He and his wife Martha occupied the same as a homestead. Without intending to abandon their homestead they movedlo Memphis,…
2Cases cited1 opinion
- Gebhard v. SattlerSupreme Court of Iowa · 1874
3Cited by17 opinions
- Black v. BlackSupreme Court of Kansas · 1902
- Ziska v. ZiskaSupreme Court of Oklahoma · 1908
- Mickel v. WalravenSupreme Court of Iowa · 1894
- Burch v. NicholsonSupreme Court of Iowa · 1912
- Marray v. QuigleySupreme Court of Iowa · 1902
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