Thomas v. Kennedy
Supreme Court of Iowa
Appeal from Clinton District Court. Plaintiff’s petition (at law) claims as against the defendants the title to and possession of the south-west quarter of the north-west quarter, section 12, township 81, range 2, in Clinton county.
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Appeal from Clinton District Court. Plaintiff’s petition (at law) claims as against the defendants the title to and possession of the south-west quarter of the north-west quarter, section 12, township 81, range 2, in Clinton county. The basis of his title is this: The land was entered by the defendant W. W. Kennedy, and tho title without controversy was in him until in February, 1856. On the 16th of June, 1861, a transcript of a judgment in favor of E. D. Selden, and against said Kennedy, recovered in Scott county, was filed in the office of the clerk of the Clinton District Court — upon this…
1Opinion of the CourtWeight, J.
The case may be divested of many of the difficulties, suggested by appellants’ counsel, by recurring to some facts, to our minds well established by the evidence.
These defendants, nor either of them, ever owned or pretended to own, the south-east quarter of the northwest quarter of section 12, township 81, range 2. Nor was it ever owned by Everett Drake. The land sold by Kennedy to Drake and intended to be conveyed, was the south-vjfisi quarter, etc., and this same land Drake intended to convey to his daughter.
The mistake was an innocent one, there being no intention to mislead or defraud any…
2Cases cited9 opinions
- Williamson v. . BrownNew York Court of Appeals · 1857
- Mallow v. HindeSupreme Court of the United States · 1827
- Norton, Jewett & Busby v. WilliamsSupreme Court of Iowa · 1859
- Findlay v. Hinde & WifeSupreme Court of the United States · 1828
- Barney v. LittleSupreme Court of Iowa · 1864
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3Cited by26 opinions
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- Hays v. RegerIndiana Supreme Court · 1885
- Atkins v. AtkinsMassachusetts Supreme Judicial Court · 1907
- Loser v. Plainfield Savings BankSupreme Court of Iowa · 1910
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