Hunger v. Barlow
Supreme Court of Iowa
Appeal from Des Moines District Court. This is a proceeding in equity under Revision of 1860, Sec, 3602, by the plaintiff, who is in possession of real estate — lots 4 and 5, of block 21, of Barrett’s addition to Burlington, to quiet his title thereto.
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Appeal from Des Moines District Court. This is a proceeding in equity under Revision of 1860, Sec, 3602, by the plaintiff, who is in possession of real estate — lots 4 and 5, of block 21, of Barrett’s addition to Burlington, to quiet his title thereto. The plaintiff avers that he is the absolute owner of the fee simple title to said real estate, is in possession thereof, and that the defendant sets up a claim thereto under the decree of the Des Moines District Court, rendered Nov. 13, 1855, wherein “ J. W. Barlow was plaintiff, and lots 1, 11, 12, 15 and 19, in block 962 and other lots in the…
1Opinion of the CourtCole, J.
i JTO8ISDIOmeiit!3Uds The first question presented is as to the validity of the judgment of foreclosure. If that is valid, the plaintiff has no title, for all his title and interest was barred and cut off by the decree. By reason of the loss or destruction of all the papers in the tax title foreclosure case, or other reason, there are no papers or records connected with that case, introduced or offered in evidence in this, save only the decree -itself, the material parts of which are set out in the statement preceding this opinion. What is the effect of that judgment or decree of foreclosure…
2Cases cited2 opinions
- Gaylord v. ScarffSupreme Court of Iowa · 1858
- Arthur v. BluntSupreme Court of Iowa · 1861
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