Kinney v. Slattery
Supreme Court of Iowa
Appeal from Buchanan Circuit Court. Jane Dobbins was the owner of one hundred and sixty acres of land in Buchanan county. She died intestate in the year 1860, leaving no husband surviving her. Her son, W. C. Dobbins, and a daughter, Ann. E. Dobbins, plaintiff herein, who has since married J. W. Kinney, were her only heirs.
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Appeal from Buchanan Circuit Court. Jane Dobbins was the owner of one hundred and sixty acres of land in Buchanan county. She died intestate in the year 1860, leaving no husband surviving her. Her son, W. C. Dobbins, and a daughter, Ann. E. Dobbins, plaintiff herein, who has since married J. W. Kinney, were her only heirs. On the 23d day of June, 1862, said W. C. Dobbins conveyed the land as his own, by a deed with the usual covenants, to one A. E. Dutton, for a full consideration. The defendant Slattery holds the land by a regular chain of conveyances from said Dutton. This action was…
1Opinion of the Court
Rothrock, J., Kitfonimant'S'com-11' mon’ — The evidence is imperfectly abstracted, but it seems to be conceded by appellant in argument that the defendant Slattery and those -under whom he Maims were in the actual, open, continuous and adverse possession of said land, under color of title and claim of right based upon the conveyance from W. C. Dobbins, for more than ten years prior to the commencement of this action, and the court below so found in its decree.
It is undoubtedly correct, as claimed by counsel for appellant, that the seizin and possession of one tenant in common of real estate…
2Cases cited2 opinions
- Burns v. ByrneSupreme Court of Iowa · 1876
- Nelson v. DavisIndiana Supreme Court · 1871
3Cited by14 opinions
- Unger v. MooneyCalifornia Supreme Court · 1883
- Leach v. HallSupreme Court of Iowa · 1895
- Crawford v. MeisSupreme Court of Iowa · 1904
- Marray v. QuigleySupreme Court of Iowa · 1902
- Bader v. DyerSupreme Court of Iowa · 1898
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