Legal Opinion

Huntington v. Jewett, Tibbets & Co.

Supreme Court of Iowa

Decided July 2, 1868PublishedCited by 6 opinions

■ Appeal from Jackson District Court. Ejectment: legal title: fraudulent conveyance, etc. Eor necessary facts see opinion. Plaintiffs appeal.

1Opinion of the Court

"Dillon, Oh. J.

l. action ov legal title. By the pleadings each party claims ■the legal title. No equitable issues are made. Both parties claim under one Joseph MoCloy, by virtue of different execution sales and sheriff’s deeds. The judgment under which the plaintiffs claim title, and one of the judgments under which the defendants claim *250title, were rendered on the same day. But plaintiffs’ sale was the elder one, and this sale, assuming its regularity and had Joseph McOloy been possessed of the legal title, would, under the doctrine recognized in Cook & Sargent v. Dillon (9 Iowa, 407), give…

2Cases cited2 opinions

  1. Cook & Sargent v. DillonSupreme Court of Iowa · 1859
  2. Hook v. MowreSupreme Court of Iowa · 1864

3Cited by6 opinions

  1. Gentry v. FarruggiaWest Virginia Supreme Court · 1949
  2. Stockton v. CopelandWest Virginia Supreme Court · 1888
  3. Bagley v. McCarthy Bros.Supreme Court of Minnesota · 1905
  4. McCord v. BassTexas Commission of Appeals · 1920
  5. Bond v. Warren County State Bank of IndianolaSupreme Court of Iowa · 1926

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