Legal Opinion

Purczell v. Smidt

Supreme Court of Iowa

Decided December 21, 1866PublishedCited by 18 opinions

Appeal from Scott District Court. This is a controversy submitted, without action, upon an agreed statement of facts, under chapter 131 of tbe Revision. The plaintiff claims to recover an installment of interest, due upon a promissory note given for real estate.

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Appeal from Scott District Court. This is a controversy submitted, without action, upon an agreed statement of facts, under chapter 131 of tbe Revision. The plaintiff claims to recover an installment of interest, due upon a promissory note given for real estate. It is agreed' that the plaintiff acquired all the title he held to said real estate by virtue of a conveyance from non-resident aliens, who had never been in Iowa or the United Spates; and that the non-resident alien grantors of plaintiff acquired the title (if they were capable of taking- and holding the same) by purchase in 1859,…

1Opinion of the CourtCole, J.

The ultimate question involved in this case has heretofore been presented to, and adjudicated by this court in three different esses: Stemple v. Herminghouser, 3 G. Greene, 408; Krogan et al. v. Kinney et al., 15 Iowa, 212; and Rheim et al. v. Robbins, 20 Iowa, 15. The first *543of these cases was decided prior to the passage of the “Act respecting aliens” which took effect March 24, 1858 : and the last two cases involved the construction of that act. We are now asked to review the construction given to the act of 1858 by the decisions in those cases, or, at all evénts, to consider the question…

2Cases cited4 opinions

  1. Bartruff v. RemeySupreme Court of Iowa · 1863
  2. State v. RogersCalifornia Supreme Court · 1859
  3. Lamb v. DrewSupreme Court of Iowa · 1865
  4. Humphrey v. DarlingtonSupreme Court of Iowa · 1863

3Cited by18 opinions

  1. McGuire v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1906
  2. Knorr v. BeardsleySupreme Court of Iowa · 1949
  3. Homer v. LesterSupreme Court of Oklahoma · 1923
  4. Bechtel v. City of Des MoinesSupreme Court of Iowa · 1975
  5. Meyer v. MeyerSupreme Court of Iowa · 1867

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