Adams v. Ryan
Supreme Court of Iowa
Appeal from Ma/rion Circuit Cou,rt. This is a controversey concerning the ownership of an eighty acre farm in Marion county.
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Appeal from Ma/rion Circuit Cou,rt. This is a controversey concerning the ownership of an eighty acre farm in Marion county. The legal title to the land is in the plaintiff, and he acquired the same by a conveyance from one Chamberlain, which conveyance was made on the 18th of October, 1880. At the November term, 1880, of the Jasper District Court, Loretta Shropshire, Adm’x, reovered a judgment against Chamberlain, a transcript of which was filed in the office of the cleric of the district court of Marion county on December 10th, 1880. Execution was issued on this judgment, and the land in…
1Opinion of the CourtBothrook, J.
i FBAOTuaSoei00e\u-y" ta¿usMng.es" — Counsel for plaintiff claim that the defendant, being a purchaser at a sheriff’s sale, cannot impeach the plaintiff’s title for fraud. We do not find it necessary to determine this question, and will proceed at once to a determination of the question as to the character of the conveyance from Chamberlain to plaintiff. It is proper to state at the outset that, if the plaintiff’s conveyance is not voidable for fraud, he can maintain his action to remove the cloud cast upon his title by the sheriff’s sale. The cause is in equity, and is triable anew in this…
2Cited by12 opinions
- Arndt v. LapelSupreme Court of Iowa · 1932
- Kyle v. KyleSupreme Court of Iowa · 1916
- Farmers' & Traders' Bank v. HaneySupreme Court of Iowa · 1893
- Lane v. StarrSouth Dakota Supreme Court · 1890
- Robertson v. RenshawSupreme Court of Iowa · 1935
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