Page v. Cole
Supreme Court of Iowa
Appeal from the Johnson District Oowt. An action for tho recovery of real estate. The plaintiff claims of the defendant the possession of certain lots in Iowa City, alleging that he has the lawful title to the lots, as the owner thereof, in fee simple, and that the defendant is in possession, and unjustly withholds the same.
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Appeal from the Johnson District Oowt. An action for tho recovery of real estate. The plaintiff claims of the defendant the possession of certain lots in Iowa City, alleging that he has the lawful title to the lots, as the owner thereof, in fee simple, and that the defendant is in possession, and unjustly withholds the same. The defendant, answering, admits that on the first day of May, 1856, the plaintiff was the owner in fee simple ; avers that on that date, he entered into a written agreement with defendant to convey the lot to him, for the consideration of two thousand dollars, to be paid…
1Opinion of the CourtWoodward, J.
— The prominent question here made, *158notwithstanding the special matter brought to view, is in reality whether an equitable title, or defence, can bo set up against the legal title.
This has been so frequently decided, and has become so settled doctrine, that it needs no argument. The long established rule is, that an equitable title is no defence against the legal one, in an action at law; Smith v. Allen, 1 Blackf., 22; Jackson v. Pierce, 2 Johns., 221; Jackson v. Chase, Ib., 84; Jackson v. Longhead Ib., 75; Jackson v. Deyo, 3 Ib., 422; Jackson v. Van Slyck, 8 Ib., 487; Adams on Ejectment, 31,…
2Cases cited6 opinions
- Jackson ex dem. Simmons v. ChaseNew York Supreme Court · 1806
- Smith v. AllenIndiana Supreme Court · 1818
- Jackson ex dem. Smith v. PierceNew York Supreme Court · 1807
- Jackson ex dem. Benton v. LaughheadNew York Supreme Court · 1806
- Jackson ex dem. Whitbeck v. DeyoNew York Supreme Court · 1808
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Shawhan v. LongSupreme Court of Iowa · 1868
- Rosierz v. Van DamSupreme Court of Iowa · 1864
- Burdick v. WentworthSupreme Court of Iowa · 1876
- Muir v. BozarthSupreme Court of Iowa · 1876
- Kitteringham v. Blair Town Lot & Land Co.Supreme Court of Iowa · 1885
3 more not listed; retrieve them via the Exa API.