Allison v. Hess
Supreme Court of Iowa
A/ppeal from General Term Second District {Lucas Comfy). Suit in equity to enjoin the further prosecution of an action for forcible entry and detainer, brought by this defendant against these plaintiff’s. On final hearing in the District Court plaintiff’s petition was dismissed absolutely. On appeal to the General Term the judgment of the District Court was affirmed. The plaintiffs now appeal to this court.
1Opinion of the Court
Cole, Ch. J.—
i. JuneaiENT.: estoppel • res acijudicata. The petition alleges that in June, 1865, the plaintiffs were the owners of a certain forty acre tract of land in Lucas county, and had resided " * thereon, as their homestead, for about nine yearn; that the defendant, as prosecuting witness, had caused their son, Henry Allison, to be arrested and held for examination upon the criminal charge of concealing stolen money, etc., and was about to prosecute him to conviction and have him punished therefor; that said defendant came to plaintiffs and it was agreed between them, that in…
2Cases cited1 opinion
- Marienthal, Lehman & Co. v. ShaferSupreme Court of Iowa · 1858
3Cited by8 opinions
- Ryan v. Motor Credit Co., Inc.New Jersey Superior Court Appellate Division · 1941
- Mlynarik v. BergantzelSupreme Court of Iowa · 2004
- Burton v. McMillanSupreme Court of Florida · 1906
- Turley v. EdwardsMissouri Court of Appeals · 1885
- Dodson v. McCurninSupreme Court of Iowa · 1917
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