Legal Opinion
Compton v. Hites
Supreme Court of Iowa
Decided November 22, 1918PublishedCited by 1 opinion
Appeal from Butler District Court. — M. F. Edwards, Judge. Suit in equity to foreclose a purchase money mortgage. The main defense was a counterclaim for alleged shortage of acreage in the land purchased by the defendant. There was also a counterclaim for breach of warranty against incumbrances, and for failure to furnish an abstract of title. There was a decree for the plaintiff, and the defendant appeals.
1Opinion of the CourtEvans, J.
1. Deeds: title to center of stream. The foreclosure petition is formal. The answer is voluminous, and is set forth in nine counts. The seller of the farm was Whiteñeld Compton, now deceased. The purchaser was the ¡defendant J. B. Hites. The purchased farm was described in the contract of sale as follows:
*1075“All of that part of the Southwest Quarter of Section Number Seven (7) in Township Number Ninety-three (93) North, Range Number Sixteen (16) West of the 5th P. M., lying east of the Shell Rock River, except the right of way of the Chicago, Rock Island and Pacific Railroad.”
The same…
2Cases cited3 opinions
- City of Dubuque v. MaloneySupreme Court of Iowa · 1859
- Foster v. BusseySupreme Court of Iowa · 1906
- Kerr v. FeeSupreme Court of Iowa · 1917
3Cited by1 opinion
- Holmes v. HainesSupreme Court of Iowa · 1942