Legal Opinion

Stuhr v. Butterfield

Supreme Court of Iowa

Decided April 11, 1911PublishedCited by 19 opinions

Appeal from Fremont District Court. — Hon. C. D. Wheeler, Judge. Action on breach of warranty resulted in judgment against defendant, from which he appeals.

1Opinion of the CourtLadd, J.

The defendant conveyed to plaintiff the S. %, section 21, the N. E. % and the W. % of the N. E. %, section 28, all in township 78 W., range 14, Harrison County, covenanting in the deed that the premises were “free of liens and incumbrances except a certain mort*737gage.” This was on August 22, 1905. In June prior thereto the board of supervisors of Harrison and Pottawattamie Counties, acting jointly as provided by chapter 68 of the Acts of the Thirtieth General Assembly, had established a drainage district and had ordered the excavation of a drainage ditch through it thereby appropriating a right…

2Cases cited7 opinions

  1. Memmert v. McKeenSupreme Court of Pennsylvania · 1886
  2. Barlow v. McKinleySupreme Court of Iowa · 1867
  3. Desvergers v. WillisSupreme Court of Georgia · 1876
  4. Harrison v. Des Moines & Ft. Dodge Railway Co.Supreme Court of Iowa · 1894
  5. Butler v. GaleSupreme Court of Vermont · 1855

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3Cited by19 opinions

  1. Cornelius v. KrommingaSupreme Court of Iowa · 1917
  2. Kurtz v. GramenzSupreme Court of Iowa · 1924
  3. Sandum v. JohnsonSupreme Court of Minnesota · 1913
  4. Taylor v. Drainage District No. 56Supreme Court of Iowa · 1914
  5. First Unitarian Society v. Citizens Savings & Trust Co.Supreme Court of Iowa · 1913

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