Singer v. Cavers
Supreme Court of Iowa
Appeal from Allamakee District Court. The petition alleges, that in October, 1856, defendant made to plaintiff his warranty deed to a certain quarter section of land, for a valuable consideration; that plaintiff has not been permitted to quietly and peaceably hold and enjoy the same, but that the United States had, at the time of mating said deed, and still has, the lawful right and title to the same, and in virtue thereof did evict and eject plaintiff therefrom, whereupon,…
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Appeal from Allamakee District Court. The petition alleges, that in October, 1856, defendant made to plaintiff his warranty deed to a certain quarter section of land, for a valuable consideration; that plaintiff has not been permitted to quietly and peaceably hold and enjoy the same, but that the United States had, at the time of mating said deed, and still has, the lawful right and title to the same, and in virtue thereof did evict and eject plaintiff therefrom, whereupon, etc. To this petition defendant demurred, because, first, it does not state facts sufficient to constitute a cause of…
1Opinion of the CourtWright, J.
1. Demurrer: when too general. — The first ground of the demurrer, that the petition did not state facts constituting a cause of action, is too general, and for this reason alone ____ should have been overruled. Bev. § 2877.
2. — sustaining of general one. The other grounds misconceive the averments of the petition. • There is a second count, it is true, setting up that the land was entered with a land warrant , which was found and declared to be fraudulent by the commissioner, and the same ordered to be canceled, and that thereupon the United States evicted *180plaintiffs grantee, of which…
2Cited by3 opinions
- Bonney v. BonneySupreme Court of Iowa · 1870
- Estate of McMurray v. McMurraySupreme Court of Iowa · 1899
- Slafter v. Concordia Fire InsuranceSupreme Court of Iowa · 1909