Mulroy v. Churchman
Supreme Court of Iowa
Appeal from Warren District Court. This is .an action at law to recover possession of land. The amount originally in controversy was forty acres. The case was before us, and was reversed, on a former appeal.. See 52 Iowa, 238. The cause being remanded, the plaintiff amended his petition, alleging that he is entitled to the immediate possession of the property in dispute, except one acre in a square form in the northeast corner thereof.
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Appeal from Warren District Court. This is .an action at law to recover possession of land. The amount originally in controversy was forty acres. The case was before us, and was reversed, on a former appeal.. See 52 Iowa, 238. The cause being remanded, the plaintiff amended his petition, alleging that he is entitled to the immediate possession of the property in dispute, except one acre in a square form in the northeast corner thereof. The plaintiff derives his title through a tax sale in 1868, for the unpaid taxes of 1867. The defendant does not deny the regularity of the proceedings under…
1Opinion of the Court
Day, Ch. J.
The court submitted a finding of facts, of which the defendants make no complaint. These facts show that James Oallanan had a tax deed for the land in controversy, and that, on the 29th day of June, 1876, he made a quit-claim deed therefor to the plaintiff, and that, at the time of the sale of said land for taxes, the 'equitable title at least was held by Bishop ITennessy for the use of the Catholic Church. The remainder of the facts material to this controversy are as follows: “A small portion of the northeast corner of said land has been used as a place for the burial of dead —…
2Cited by10 opinions
- Johnson v. BOARD OF ADJUSTMENT, ETC.Supreme Court of Iowa · 1976
- Nichols v. Incorporated Town of LaurensSupreme Court of Iowa · 1895
- Montana Catholic Missions v. County of Lewis & ClarkMontana Supreme Court · 1893
- Lacy v. DavisSupreme Court of Iowa · 1900
- Berger v. University of New MexicoNew Mexico Supreme Court · 1923
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