Cooper v. Sunderland
Supreme Court of Iowa
Appeal from the Des Moines District Qouri. This is an action of right, commenced by the plaintiff, on the 12th day of October, A. D. 1853, to recover the possession of lot No. 64 (A) in the city of Burlington, of which he claims to be the owner in fee simple. The plaintiff claims title as one of the heirs at law of Thomas Cooper, deceased, who was seized of the premises in fee simple at the time of his death. Thomas Cooper was the father of the plaintiff.
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Appeal from the Des Moines District Qouri. This is an action of right, commenced by the plaintiff, on the 12th day of October, A. D. 1853, to recover the possession of lot No. 64 (A) in the city of Burlington, of which he claims to be the owner in fee simple. The plaintiff claims title as one of the heirs at law of Thomas Cooper, deceased, who was seized of the premises in fee simple at the time of his death. Thomas Cooper was the father of the plaintiff. The defendants, in their answer, deny the claim of the plaintiff to the premises, and allege title in themselves, by virtue of the…
1Opinion of the CourtWoodward, J.
'There are two acts of the legislature which have relation to the case. The first, is that of January 25th, 1839 (Rev. Stat. of 1842, 1843, chap. 99, 430), entitled an act concerning minors, orphans, and guardians. The second, is that of February 13, 1843 (Rev. Stat. 1843, chap. 162, 666), entitled an act relative to the probate of wills, executors, administrators, guardians, trustees of minors, and probate courts, and for defining their duties. For the sake of brevity, we will refer to these, as the first and the second act.
There is a difficulty presented in the second of the above acts,…
2Cases cited34 opinions
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- Grignon's Lessee v. ASTORSupreme Court of the United States · 1844
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