Legal Opinion

Cavender v. Smith

Supreme Court of Iowa

Decided April 20, 1859PublishedCited by 3 opinions

Appeal from the Des Moines District Court. This is an .action of right, to recover tlie possession of certain real estate, commenced in 1848, against Jeremiah Smith. Upon his death, his widow and heirs were made parties defendant. Judgment for the plaintiff, and the defendants appeal. The material facts and the errors assigned, are sufficiently stated in the opinion of the court.

1Opinion of the CourtWoodward, J.

This cause has been before us on two former occasions. 1 Iowa, 306; 5 Iowa, 159. A brief statement of facts only, will be necessary.

The plaintiff claims by virtue of a judgment recovered by Smith, Brothers & Co., against Jeremiah Smith, the ancestor, February 17, 1840 ; a sheriff’s sale on the 15th of May, 1841; a sheriff’s deed to Grimes, on the 18th of June, 1841, and recorded 18th of August, 1841; also, a second sheriff’s deed to Grimes, of October 28, 1843, and recorded on the same day; and a deed from Grimes to the plaintiff, of May 31st, 1844, recorded the next day.

The defendants make…

2Cases cited7 opinions

  1. Brown v. ClarkeSupreme Court of the United States · 1846
  2. Cox v. JaggerNew York Supreme Court · 1824
  3. Cavender v. Heirs of SmithSupreme Court of Iowa · 1855
  4. Moore v. GilliamSupreme Court of Virginia · 1817
  5. Jackson ex dem. Clark v. O'DonaghyNew York Supreme Court · 1810

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3Cited by3 opinions

  1. Miller v. BestSupreme Court of Arkansas · 1962
  2. Emonds v. TermehrSupreme Court of Iowa · 1882
  3. Rausch v. MooreSupreme Court of Iowa · 1878

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