Dickey v. Lyon
Supreme Court of Iowa
Appeal from Polk District Court This is a suit in equity to compel a conveyance by' defendant to plaintiff, and quiet his-title to certain lots, and was submitted to the court upon the following agreed statement of facts: “ In 1856 the two lots in controversy were sold to John Dickey on time, by defendant, Lyon, who gave his notes for the purchase-money and took a bond for a deed.
Read the full summary
Appeal from Polk District Court This is a suit in equity to compel a conveyance by' defendant to plaintiff, and quiet his-title to certain lots, and was submitted to the court upon the following agreed statement of facts: “ In 1856 the two lots in controversy were sold to John Dickey on time, by defendant, Lyon, who gave his notes for the purchase-money and took a bond for a deed. John Dickey built a house on one of the lots and entered into possession of the same in 1856 and 1857. The notes being nearly due, John Dickey made an arrangement with R W. Dickey, the plaintiff, to take the…
1Opinion of the Court
Code, J.:. notice: possession ofatenant. I. Upon this agreed statement of facts, it is. evident and uncontroverted that the defendant, Turner, has the legal title and may hold the same, except so ° . • „ . 1 far as he was charged with notice of the plaintiff s equities in the property at the time of his purchase. The. plaintiff held possession of the property by his house, situated on one of the lots, and which was in the actual occupancy of the tenant at the time Turner purchased. The question then legitimately and necessarily arises whether the possession of the tenant is constructive…
2Cases cited10 opinions
- Flagg v. MannU.S. Circuit Court for the District of Massachusetts · 1837
- Beatie v. ButlerSupreme Court of Missouri · 1855
- Allen v. SmithSupreme Court of Virginia · 1829
- Cook & Sargent v. DillonSupreme Court of Iowa · 1859
- Boggs v. VarnerSupreme Court of Pennsylvania · 1843
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Walker v. NeilSupreme Court of Georgia · 1903
- Wood v. PriceSupreme Court of New Jersey · 1911
- Ludowese v. AmidonSupreme Court of Minnesota · 1914
- Edwards v. . ThompsonSupreme Court of North Carolina · 1874
- Townsend v. BlanchardSupreme Court of Iowa · 1902
18 more not listed; retrieve them via the Exa API.