Glenn v. Malony
Supreme Court of Iowa
Appeal from the Dubuque District Court. The complainants, as the residuary legatees of David Sleator, deceased, claim of the -respondent, the undivided half of lot 73 in the city of Dubuque.
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Appeal from the Dubuque District Court. The complainants, as the residuary legatees of David Sleator, deceased, claim of the -respondent, the undivided half of lot 73 in the city of Dubuque. At the time of Sleator’s death, this lot was owned and occupied in common by him and respondent, the title thereto being a pre-emption right duly established and recognized by the commissioners appointed for that purpose, under the act of Congress of October 26, 1836, and an act amendatory thereto of July 2, 1837. The respondent and another were executors of said decedent’s estate, and in due course of…
1Opinion of the CourtWoodward, J.
Tbe argument of appellants has, for the most part, been based upon the hypothesis, that respondent, to support his title, is required to contradict the records of the Probate Court, connected with the sale of this lot. If Ms title cannot be otherwise supported, we are clear that it must fail. That record must give its own history, and cannot be explained, varied, or contradicted by parol evidence. If, as it stands, the proceedings are sufficiently regular to pass the title, and to give the respondent the equitable, as well as the legal, right to this lot, the decree below must be affirmed,,…
2Cases cited4 opinions
- Daniel Boardman and Others, in Error v. The Lessees of Reed and Ford, M'call and Others, in ErrorSupreme Court of the United States · 1832
- Lush v. DruseNew York Supreme Court · 1830
- Loomis v. Jackson ex dem. M'NaughtonNew York Supreme Court · 1822
- Wilder v. FondeyNew York Supreme Court · 1826
3Cited by4 opinions
- Hackworth v. ZollarsSupreme Court of Iowa · 1870
- Osborn v. . RobbinsNew York Court of Appeals · 1867
- Montgomery v. JohnsonSupreme Court of Arkansas · 1876
- Albia State Bank v. SmithSupreme Court of Iowa · 1909