Lewis v. Soule
Supreme Court of Iowa
Appeal from Webster GirouAt Court. The plaintiff claims to be the owner of certain lauds in Webster county, to-wit: N. W. ¿ of Sec. 22, Tp. 90, R. 29, west. lie avers that the same was sold for taxes July 13, 1865, and that a tax deed was executed to one Pitt Cooke, and recorded July 20, 1867; that Pitt Cooke conveyed to one Jay Cooke, and Jay Cooke to the plaintiff, as trustee.
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Appeal from Webster GirouAt Court. The plaintiff claims to be the owner of certain lauds in Webster county, to-wit: N. W. ¿ of Sec. 22, Tp. 90, R. 29, west. lie avers that the same was sold for taxes July 13, 1865, and that a tax deed was executed to one Pitt Cooke, and recorded July 20, 1867; that Pitt Cooke conveyed to one Jay Cooke, and Jay Cooke to the plaintiff, as trustee. He also avers that the defendants, as he is credibly informed and believes, make some claim to the land adverse to the estate of plaintiff, and prays that th.ey be barred from setting-up said claim. The action was…
1Opinion of the CourtAdams, J.
1. conveyance: by bankrupt to assignee.
I. The petition shows that Jay Cooke, at the time of the execution of the deed by him, was a bankrupt. The defendants assume that the averment means that ke had been adjudicated a bankrupt, and they insist that he was by law prohibited from making any disposition of his property. He might, however, convey to *13ail assignee in bankruptcy, and the petition avers that plaintiff holds the land as the assignee of Cooke, for his creditors.
The defendants further insist that there is no evidence of the plaintiff’s appointment or qualification, and no evidence that…
2Cases cited1 opinion
- Moingona Coal Co. v. BlairSupreme Court of Iowa · 1879
3Cited by18 opinions
- Whitehead v. ShattuckSupreme Court of the United States · 1891
- O'Hara v. ParkerOregon Supreme Court · 1895
- Reiger v. TurleySupreme Court of Iowa · 1911
- Ashley Co. v. BradfordSupreme Court of Louisiana · 1902
- Lees v. WetmoreSupreme Court of Iowa · 1882
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