Legal Opinion

McCormick v. Bishop

Supreme Court of Iowa

Decided October 22, 1869PublishedCited by 9 opinions

Appeal from General Term, Seventh District (.Muscatine County). Homestead: prior decision referred to. — The petition is follows: The State of Iowa, ) Muscatine County, j ’ William McCormick v. J. A. Bishop.

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Appeal from General Term, Seventh District (.Muscatine County). Homestead: prior decision referred to. — The petition is follows: The State of Iowa, ) Muscatine County, j ’ William McCormick v. J. A. Bishop. To the District Court of said County: 1. Tour petitioner, above named, represents, that prior to the month of July, A. D. 1860, he was the owner in fee of the west half of lot No. 2, in block No. 33, in the city of Muscatine. 2. That, by a decision of the Supreme Court of the State of Iowa, the first story and the cellar of the house situate on said lot was subjected to sheriff’s sale to…

1Opinion of the Court

Dillon, Oh. J.

i homestisad • common. This case arises out of that of Rhodes, Pegram & Co. v. McCormick, 4 Iowa, 368. The Present opinion presupposes an acquaintance with the facts of that case. Plaintiff’s counsel disclaim in theif written argument any attempt to deny that that decision, so far as it goes, governs and fixes the rights of the parties, whatever may be their opinion of its correctness. On the faith of that judgment, the defendant may be presumed to have acquired his ownership of the property he claims, and that decision, as between these parties, must be taken and accepted as…

2Cases cited1 opinion

  1. Rhodes, Pegram & Co. v. McCormickSupreme Court of Iowa · 1857

3Cited by9 opinions

  1. Adams v. MarshallMassachusetts Supreme Judicial Court · 1885
  2. Forsgard v. FordTexas Supreme Court · 1894
  3. Badger Lumber Co. v. SteppSupreme Court of Missouri · 1900
  4. Jackson v. BrunsSupreme Court of Iowa · 1906
  5. Olsen v. LohmanSupreme Court of Iowa · 1944

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