Read v. Howe
Supreme Court of Iowa
Appeal from Black Hawk District Coiw't. The appeal in these actions involves the question of the rights of the intervene >-s. The actions are really one, or were so originally. The action was entitled H. Read et al v. C. K. Howe et al., and was brought to set aside an administrator’s sale and conveyance of certain tracts of land. The plaintiffs were successful as to two quarter sections.
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Appeal from Black Hawk District Coiw't. The appeal in these actions involves the question of the rights of the intervene >-s. The actions are really one, or were so originally. The action was entitled H. Read et al v. C. K. Howe et al., and was brought to set aside an administrator’s sale and conveyance of certain tracts of land. The plaintiffs were successful as to two quarter sections. Ensign then intervened, claiming the rights of an occupying claimant as to one of the quarter sections, and Yan Aiken intervened, claiming the rights of an occupying claimant as to the other. The rights of…
1Opinion of the CourtAdams, J.
Whether a notice of the pendency of an action filed, but not indexed, operates as constructive notice wo need not determine. In our opinion an occupying claimant is not affected, in respect to his rights as such, by such notice. The statute provides for a recovery by an occupying claimant where the improvements are made under color of title, and in good faith. The only question, then, in this case is as to whether the occupying claimants made the improvements in good faith. Is it sufficient if they had an honest belief that they had a good title, and had no actual notice of an adverse claim?…
2Cases cited3 opinions
- Garrigan v. KnightSupreme Court of Iowa · 1877
- Blanchard v. WareSupreme Court of Iowa · 1876
- Craton v. WrightSupreme Court of Iowa · 1864
3Cited by13 opinions
- Moser v. Thorp Sales Corp.Supreme Court of Iowa · 1981
- Meyers v. CanuttSupreme Court of Iowa · 1951
- In the Matter of the Estate of Glen A. Waterman, Jingles Ti-Okay WatermanSupreme Court of Iowa · 2014
- Betz v. City of Sioux CitySupreme Court of Iowa · 1948
- Lindt v. UihleinSupreme Court of Iowa · 1902
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