Legal Opinion · Dissent

Crouse v. Morse

Supreme Court of Iowa

Decided October 24, 1878Published

Appeal from Pottawattamie District Cowt't. This is an action in equity to subject certain property — the legal title to which is in the defendant Frances C. — to the payment of a judgment recovered against J. W. Morse. The court dismissed the petition, and plaintiff appeals. The facts are stated in the opinion.

1Dissent

Day, J.,

dissenting. — I am unable to concur in the foregoing opinion. In my view the opinion prepared by me upon the former hearing, and concurred in then by a majority of the court, expresses the correct doctrine of this case. I cannot express my views better than to reproduce here that opinion, which, omitting the facts, which are correctly stated in the majority opinion, is as follows:

“I. The only question involved is, whether Frances O. Morse is estopped to allege ownership in herself of the title to the land in controversy, as against the plaintiff. The best definition of an estoppel in…

2Cases cited8 opinions

  1. Plumb v. . Cattaraugus Co. Mutual Insurance Company.New York Court of Appeals · 1858
  2. Allen v. McCallaSupreme Court of Iowa · 1868
  3. Morris v. SargentSupreme Court of Iowa · 1864
  4. Jones v. BamfordSupreme Court of Iowa · 1866
  5. Doyle v. McGuireSupreme Court of Iowa · 1874

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