Legal Opinion

Sprague v. White

Supreme Court of Iowa

Decided December 31, 1887PublishedCited by 9 opinions

Appeal from Adair District Court — Hon. J. H. Henderson, Judge. Plaintiff brought an action in equity to quiet in him the title to certain real estate. He claims title under a master’s deed, given under a sale by a master in chancery of the United States circuit court for the southern district of Iowa, under a judgment for the foreclosure of a mortgage. Defendant alleged that she was the owner of the property.

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Appeal from Adair District Court — Hon. J. H. Henderson, Judge. Plaintiff brought an action in equity to quiet in him the title to certain real estate. He claims title under a master’s deed, given under a sale by a master in chancery of the United States circuit court for the southern district of Iowa, under a judgment for the foreclosure of a mortgage. Defendant alleged that she was the owner of the property. The district court adjudged that defendant was entitled to redeem from the mortgage sale, and the judgment determines the amount which she is required to pay in making the redemption.…

1Opinion of the CourtReed, J.

The facts, as we find them to be, are as follows: Prior to the 2d of December, 1876, John White, who was defendant’s husband, was the owner of the property, and on that day he conveyed it to her. Subsequently, W. M. Rogers recovered a judgment against said John White, and defendant became surety on the bond for the stay of execution thereon. On the 6th of March, 1878, defendant and her husband conveyed the premises to L. L. Durham, and the conveyance was duly recorded. On the 11th of May following, the property was sold on execution issued on the Rogers judgment, the judgment plaintiff being…

2Cases cited2 opinions

  1. Koon v. TramelSupreme Court of Iowa · 1887
  2. Parsons v. HoytSupreme Court of Iowa · 1867

3Cited by9 opinions

  1. Tutt v. SmithSupreme Court of Iowa · 1924
  2. Raub v. General Income Sponsors of Iowa, Inc.Supreme Court of Iowa · 1970
  3. Crooks v. JenkinsSupreme Court of Iowa · 1904
  4. Red River Valley Land & Investment Co. v. SmithNorth Dakota Supreme Court · 1898
  5. May v. SturdivantSupreme Court of Iowa · 1888

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