Legal Opinion

Foshay v. Shafer

Supreme Court of Iowa

Decided April 11, 1902PublishedCited by 12 opinions

Appeal from Fremont District Court. — Hon. W. K. Green, Judge. John Jacob Shaker died iu 1852, seised of certain land in Eulton county, 111., which, he devised to his four children, Henry E., Lewis D., Louisa E., and Luther A. Shafer, subject to a life estate therein given his wife, Margaret Shafer, In 1874 the devisees, except Louisa E. Shafer, executed a conveyance of the land to 'Daniel Eoshay, stipulating therein that “we hereby covenant with the said Daniel Eoshay that…

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Appeal from Fremont District Court. — Hon. W. K. Green, Judge. John Jacob Shaker died iu 1852, seised of certain land in Eulton county, 111., which, he devised to his four children, Henry E., Lewis D., Louisa E., and Luther A. Shafer, subject to a life estate therein given his wife, Margaret Shafer, In 1874 the devisees, except Louisa E. Shafer, executed a conveyance of the land to 'Daniel Eoshay, stipulating therein that “we hereby covenant with the said Daniel Eoshay that we hold said premises by good and perfect title; that we have good right, and lawful authority to sell and convey the…

1Opinion of the Court

Ladd, C. J. —

1'

2 Though the land was conveyed to plaintiff in 1874, he was not disturbed in the possession or quiet enjoyment of it until 1898, when Moreland asserted his claim to the ownership of an undivided one-eighth, to which the court subsequently found him entitled. The defendants, with the other devisees, received compensation for this much to which, in making the conveyance in 1874, they conveyed no title whatever. The covenant, then, “we hold said premises by good and perfect title; that we have good right and lawful authority to sell and convey the same.” — was broken upon the…

2Cases cited11 opinions

  1. Brandt v. FosterSupreme Court of Iowa · 1857
  2. Cheney v. StraubeNebraska Supreme Court · 1892
  3. Meservey v. SnellSupreme Court of Iowa · 1895
  4. McClure v. DeeSupreme Court of Iowa · 1902
  5. Hencke v. JohnsonSupreme Court of Iowa · 1883

6 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Kuiken v. GarrettSupreme Court of Iowa · 1952
  2. McNair v. SockriterSupreme Court of Iowa · 1924
  3. Campbell v. SpearsSupreme Court of Iowa · 1903
  4. Tukey v. FosterSupreme Court of Iowa · 1912
  5. Anderson v. KyleSupreme Court of Iowa · 1905

7 more not listed; retrieve them via the Exa API.

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