Garst v. Brutsche
Supreme Court of Iowa
Appeal from Carroll District Court.— Hon. Z. A. Church, Judge. Suit in equity to correct an alleged mistake in a deed from plaintiff to A. Brutsche, and to quiet plaintiff’s title to the property covered thereby. Defendants denied the alleged mistake, pleaded adverse possession, the statute of limitations, and laches. The case was tried to the court resulting in a decree dismissing plaintiff’s petition, and quieting title in defendant A. J. Brutsche. Plaintiff appeals.
1Opinion of the CourtDeemer, J.
Plaintiff and defendant A. Brutsche were at one time the owners in common and in joint possession of .about 240 acres of land adjoining the town of Coon Bapids. Some time in August of the year 1887. they agreed upon a voluntary partition of the land, and in pei’formance of that agreement they on August 23d undertook to. execute deeds the one to- the other for the parcels each was to receive. A plat of the land was made, and upon this distinctive marks were placed indicating the tracts each was to receive.
The land in dispute is an irregular tract, containing 4.69 acres, and is chiefly valuable…
2Cases cited13 opinions
- Evans v. TempletonTexas Supreme Court · 1887
- Koon v. TramelSupreme Court of Iowa · 1887
- McNeil v. JordanSupreme Court of Kansas · 1882
- Dodge v. DavisSupreme Court of Iowa · 1892
- McClenahan v. StevensonSupreme Court of Iowa · 1902
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Chandler v. PopeSupreme Court of Alabama · 1920
- Frye v. GullionSupreme Court of Iowa · 1909
- Hastings v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1910
- Patty v. PayneSupreme Court of Iowa · 1916
- Seale-Lily Ice Cream Co. v. BuckMississippi Supreme Court · 1943
4 more not listed; retrieve them via the Exa API.