Singleton v. Scott
Supreme Court of Iowa
Appeal from Jackson District Court. In May, 1852, tbe complainant, to secure to tbe defendant, Scott, the sum of seventy dollars and interest thereon, conveyed to him by deed of trust certain real estate. Under this deed, Scott advertised and sold the land. This bill is filed against Scott, the purchaser, and those subsequently taking title to the land, to set aside the sale, all subsequent deeds, and to redeem. Eor the material facts, see the opinion. Respondents appeal.
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Appeal from Jackson District Court. In May, 1852, tbe complainant, to secure to tbe defendant, Scott, the sum of seventy dollars and interest thereon, conveyed to him by deed of trust certain real estate. Under this deed, Scott advertised and sold the land. This bill is filed against Scott, the purchaser, and those subsequently taking title to the land, to set aside the sale, all subsequent deeds, and to redeem. Eor the material facts, see the opinion. Respondents appeal. I. Sales made in accordance with the terms of deeds of trust are valid. Code of 1851, sections 2096, 2097. In the hands of…
1Opinion of the CourtWright, C. J.
We strongly incline to the opinion that one, if not more, of the respondents occupies the position of an innocent purchaser; and acquired and transferred the title to the land without notice of the equity now set up by complainant. Indeed it is very clear that they had no actual notice and it is questionable, to say- the least of it, whether there was any constructive notice. But as we conclude that upon the merits of the case,looking alone to the equity set up by complainant, the decree below must be reversed, we direct our attention to this view of it. In doing so we shall examine in their…
2Cases cited4 opinions
- Crocket v. LeeSupreme Court of the United States · 1822
- James v. M'KernonNew York Supreme Court · 1810
- Leffler v. ArmstrongSupreme Court of Iowa · 1857
- Cavender v. Heirs of SmithSupreme Court of Iowa · 1855
3Cited by12 opinions
- Hurt v. CooperTexas Supreme Court · 1885
- Goode v. ComfortSupreme Court of Missouri · 1866
- Loveland v. ClarkSupreme Court of Colorado · 1888
- Ingle v. JonesSupreme Court of Iowa · 1876
- Great Am. Ins. Co. of N.Y. v. SaurezSupreme Court of Florida · 1926
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