Phillips v. Blair
Supreme Court of Iowa
Appeal from Boone District Oourt. • This action is brought to recover sevep and one-half acres of land, situated within the corporate limits of the town of Montana, in Boone county, Iowa.
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Appeal from Boone District Oourt. • This action is brought to recover sevep and one-half acres of land, situated within the corporate limits of the town of Montana, in Boone county, Iowa. The plaintiff claims title derived from one M. 0. Wood, in virtue of a quit claim deed from Wood to John A. Hull, of date July 31st, 1868, and a like conveyance from Hull to the plaintiff, dated September loth, 1868.' “ " The defendants, as an equitable defense, plead that on the 29th day of October, 1857, one John Grether obtained a judgment against said M. 0. Wood, the grantor of plaintiff’s grantor, for…
1Opinion of the Court
Miller, Oh.-J.
— I. An opinion having been filed in this case at the October term, 1872, affirming the judgment of the court below, defendants filed a petition for a rehearing, which was granted, and the cause re-argued and again submitted, presenting questions not made in argument on the former hearing.
It is conceded that the judgment of the justice upon which the land was sold on execution is void, for want of service of ■the original notice upon the defendant Wood. The plaintiff, therefore, having a regular chain of conveyances from the judgment debtor, Wood, will be entitled to the land…
2Cases cited3 opinions
- Kramer v. CongerSupreme Court of Iowa · 1864
- Gray v. EarlSupreme Court of Iowa · 1862
- Wilson v. HolcombSupreme Court of Iowa · 1862
3Cited by13 opinions
- Teachout v. DuffusSupreme Court of Iowa · 1909
- Lindley v. MartindaleSupreme Court of Iowa · 1889
- Larson v. SmithSupreme Court of Iowa · 1916
- Benbow v. BoyerSupreme Court of Iowa · 1893
- Garinger v. PalmerCourt of Appeals for the Sixth Circuit · 1904
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