Mallory v. French
Supreme Court of Iowa
Appeal from Union District Court. This action is brought to quiet the title to certain lands described in plaintiff’s petition. In one count of tbe answer tbe defendant pleaded a former adjudication of tbe matters involved in this action. To this plea plaintiff demurred, and tbe demurrer being overruled, be appeals. Tbe facts are stated in tbe opinion.
1Opinion of the Court
Miller, Oh. J.
— -In tbe third count of defendant’s answer it is alleged that tbe subject matter of this action was fully adjudicated in an action in tbe District Court of Union county, wherein tbe defendant French was plaintiff, and tbe plaintiff Mallory was defendant, at tbe May term, 1871, of said court. Copies of tbe original notice, petition, and decree are annexed to tbe answer.
Tbe petition states in substance that one Kirkpatrick entered tbe land in controversy in May, 1855; that in October of tbe same year, be conveyed tbe same to one Mankin, but by mistake described tbe land as being…
2Cited by1 opinion
- Harrington v. Valley Savings BankSupreme Court of Iowa · 1903