Owen v. Perry
Supreme Court of Iowa
Appeal from, Dubuque District Court. In 1860, plaintiff was the owner of the two hundred acres of land in dispute, and is still such owner, unless the title has been divested by the deed or judicial proceedings upon which defendants rely, and to which full reference is made in the opinion.
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Appeal from, Dubuque District Court. In 1860, plaintiff was the owner of the two hundred acres of land in dispute, and is still such owner, unless the title has been divested by the deed or judicial proceedings upon which defendants rely, and to which full reference is made in the opinion. The petition was filed in October, 1865; after various amendments; the cause was brought to issue, referred; the referee reported in favor of the prayer of the bill, allowing plaintiff to redeem and setting aside defendants’ title. This report was confirmed, and defendants appeal. I. The additions to the…
1Opinion of the CourtWright, J.
David Roberts istbe defendant more immediately and largely interested, and his title is this:
First, a deed from plaintiff to J. N. Bartholow, of date March 16, 1861, expressed consideration $2,100, and filed for record October 21, 1864; next, a deed from said Bartholow to John D. Perry; consideration named $2,500, October 10, 1864, and filed for record 21st of-the same month. This is followed by a deed.from Perry to Roberts; consideration $3,210, date January 3,1865, date of record not shown.
Second, a mortgage made by Burns (through whom plaintiff derives title), to Fisher, June 8,1857, to…
2Cases cited2 opinions
- Bridgeport Bank v. New York & New Haven RailroadSupreme Court of Connecticut · 1861
- Simms v. HerveySupreme Court of Iowa · 1865
3Cited by12 opinions
- Creveling v. BantaSupreme Court of Iowa · 1908
- Swartz v. BallouSupreme Court of Iowa · 1877
- Tutt v. SmithSupreme Court of Iowa · 1924
- Arndt v. LapelSupreme Court of Iowa · 1932
- Kyle v. KyleSupreme Court of Iowa · 1916
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