Tilton v. Bader
Supreme Court of Iowa
Appeal from Cherokee District Court. — William Hutchinson, Judge. The plaintiff is the sister of defendants, John, Henry William and Louis Bader. She alleged in her petition, filed June 29, 1916, that she acquired the two lots in controversy by deed from her mother, Amelia Bader, March 28, 1908, the same being recorded April 29, 1910; that said Amelia departed this life in April, 1910 ;■ and that said defendants claim some interest in the lots.
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Appeal from Cherokee District Court. — William Hutchinson, Judge. The plaintiff is the sister of defendants, John, Henry William and Louis Bader. She alleged in her petition, filed June 29, 1916, that she acquired the two lots in controversy by deed from her mother, Amelia Bader, March 28, 1908, the same being recorded April 29, 1910; that said Amelia departed this life in April, 1910 ;■ and that said defendants claim some interest in the lots. She prayed that her title be quieted. The defendants interposed a general denial, and adopted the allegations of the petition of intervention. Therein…
1Opinion of the CourtLadd, J.
l. limitation OB' ACTIONS : real property: fraud: Ave- . period. The sole issue is whether the cause of action pleaded in the petition of intervention is barred by the statute of limitations. Amelia Bader signed a deed, Conveying the lots in controversy, March 28, 1908, and it was duly recorded April 29, 1910, she having died on the 17th of that month. The petition of intervention discloses that, but for the execution of *477such deed, the intervener would have been owner of an undivided four fifths of said lots. To defeat the deed, intervener further alleges: (1) That at the time, said deed was…
2Cases cited17 opinions
- Murphy v. CrowleyCalifornia Supreme Court · 1903
- Williams v. AllisonSupreme Court of Iowa · 1871
- Monterey County v. CushingCalifornia Supreme Court · 1890
- Lees v. WetmoreSupreme Court of Iowa · 1882
- Burch v. NicholsonSupreme Court of Iowa · 1912
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3Cited by12 opinions
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- Gibson v. GibsonSupreme Court of Iowa · 1928
- Playa De Flor Land & Improvement Co. v. United StatesDistrict Court, Canal Zone · 1945
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