Thorne v. Clark
Supreme Court of Iowa
Appeal from Warren District Court. — I-Ion. A. W. Wilkinson, Judge. Plaintiff purchased of defendant a certain 40 acres of land in Warren county, receiving a warranty deed therefor.
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Appeal from Warren District Court. — I-Ion. A. W. Wilkinson, Judge. Plaintiff purchased of defendant a certain 40 acres of land in Warren county, receiving a warranty deed therefor. Said deed contained the usual covenants that defendant had a good and perfect title; that he had good right and lawful authority to sell and convey the premises, which were free and clear of all incumbrances; and that he would warrant and defend the same against the lawful claims of all persons' whomsoever. One John S. Davis liad owned this land prior to defendant. lie died while title was in him, leaving a widow…
1Opinion of the CourtWaterman, J.
There is a dispute between the parties ‘as to whether this case was tried below as an equitable or law action. It is purely a law issue, and appellee insists it was so tried. Without deciding the point, we shall assume the position taken by appellee.on this matter to be correct, and will consider only the exception taken to the judgment. It is conceded that this land was the homesteal of John S. Davis, and that after his death, and down to the time of her decease, his widow continued to occupy it, taking no steps to have her dower interest set apart. Nor is there any dispute but that under…
2Cases cited5 opinions
- Meservey v. SnellSupreme Court of Iowa · 1895
- Semple v. WhortonWisconsin Supreme Court · 1887
- Yokum v. ThomasSupreme Court of Iowa · 1863
- Eversole v. EarlySupreme Court of Iowa · 1890
- Sac County Bank v. HooperSupreme Court of Iowa · 1889
3Cited by5 opinions
- Peterson v. ReishusNorth Dakota Supreme Court · 1936
- Eggers v. MitchemSupreme Court of Iowa · 1949
- Smith v. KeeleySupreme Court of Iowa · 1910
- Presley v. HaynesMississippi Supreme Court · 1938
- Mackenzie v. ClementMissouri Court of Appeals · 1910