Legal Opinion

Kelley v. Chicago, Burlington & Quincy Railroad

Supreme Court of Iowa

Decided February 13, 1912PublishedCited by 6 opinions

Appeal from Lee District Court. — Hon. Henry Bank, Jr., Judge. Suit in equity to quiet plaintiff’s title to a certain lot in the city of Keokuk.

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Appeal from Lee District Court. — Hon. Henry Bank, Jr., Judge. Suit in equity to quiet plaintiff’s title to a certain lot in the city of Keokuk. Defendant pleaded the statute of limitations; adverse possession; that plaintiff’s title was based upon a void tax deed; that the matters in issue had already been adjudicated adversely to plaintiff in another action between the same parties; and that plaintiff has no right whatever in and to the property and no claim upon defendant except perhaps to require it to redeem from a tax sale. Defendant also filed a cross petition against plaintiff, asking…

1Opinion of the CourtDeemer, J.

1. Quieting title: modipeaiTefa ihuaeP TJmdo effect. The record in the case is long and the issues and facts so obscured and complicated that it is difficult to state them with any degree of clearness. When reduced to its last analysis, the questions for decision, if we understand them, are few and comparatively simple. The whole matter turns upon a decree entered by the district court of Lee county, Iowa, on December 26, 1895, in an action brought by this defendant against the plaintiff herein to quiet its title to the lot now in controversy. That decree found and ordered . . . “that…

2Cases cited7 opinions

  1. Goodenow v. LitchfieldSupreme Court of Iowa · 1882
  2. Frost v. ParkerSupreme Court of Iowa · 1884
  3. Clayton v. SievertsenSupreme Court of Iowa · 1901
  4. Cooley v. SmithSupreme Court of Iowa · 1864
  5. Chicago, Burlington & Quincy Railway Co. v. KelleySupreme Court of Iowa · 1898

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Hensen v. HensenSupreme Court of Iowa · 1931
  2. Davis v. RudolphSupreme Court of Iowa · 1951
  3. State v. HarrisonSupreme Court of Iowa · 1913
  4. Maxwell v. HatherlySupreme Court of Minnesota · 1927
  5. Jefferson v. RustSupreme Court of Iowa · 1912

1 more not listed; retrieve them via the Exa API.

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