Swartz v. Ballou
Supreme Court of Iowa
Appeal from Madison Circuit Court. Action to recover possession of real estate. Both parties claim title. The defendant, under a warranty deed from the •plaintiff!, and by reason of the bringing of this action, claims •the right to recover his reasonable attorney’s fees incurred in his defense herein. The court found for the defendant as to the ownership of the property, but refused to render a judgment for any amount for attorney’s fees.
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Appeal from Madison Circuit Court. Action to recover possession of real estate. Both parties claim title. The defendant, under a warranty deed from the •plaintiff!, and by reason of the bringing of this action, claims •the right to recover his reasonable attorney’s fees incurred in his defense herein. The court found for the defendant as to the ownership of the property, but refused to render a judgment for any amount for attorney’s fees. The trial below was on written testimony as in equitable actions, and both parties seem to concede the trial shall be de novo here. Both parties appeal.
1Opinion of the CourtServers, J.
Previous to June 22, 1865, the plaintiff was the owner of the premises in controversy. On that day he made and executed a conveyance of said premises, containing the usual covenants, which was properly acknowledged and perfected in every respect, except that no grantee was named therein. This instrument, on or about its date, was sent by plaintiff to one J. B. Louther. Both the plaintiff and Louther resided in Pennsylvania, and the premises in controversy are situate in Madison county, in this State. The exact date does not appear, but previous to December 12, 1865, the name of E. ~W. Davis…
2Cases cited9 opinions
- Drury v. FosterSupreme Court of the United States · 1865
- Van Etta v. EvensonWisconsin Supreme Court · 1871
- Field v. StaggSupreme Court of Missouri · 1873
- Devin v. HimerSupreme Court of Iowa · 1870
- Upton v. ArcherCalifornia Supreme Court · 1871
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3Cited by28 opinions
- Allen v. WithrowSupreme Court of the United States · 1884
- Creveling v. BantaSupreme Court of Iowa · 1908
- Tutt v. SmithSupreme Court of Iowa · 1924
- Threadgill v. ButlerTexas Supreme Court · 1884
- Hall v. KarySupreme Court of Iowa · 1907
23 more not listed; retrieve them via the Exa API.