Russell v. Nelson
Supreme Court of Iowa
Appeal-from Lucas District Qowrt. Action in equity to quiet title to about thirty acres of land in Lucas county. The plaintiff avers that he purchased the land of William Nelson, who was in possession, claiming title to and was the owner of it; that the other defendants are the brothers and sisters of the 'said William; that the land was entered by Robert Nelson, a brother of William’s, who is deceased and intestate; that said Robert owned a large tract, of which this was a…
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Appeal-from Lucas District Qowrt. Action in equity to quiet title to about thirty acres of land in Lucas county. The plaintiff avers that he purchased the land of William Nelson, who was in possession, claiming title to and was the owner of it; that the other defendants are the brothers and sisters of the 'said William; that the land was entered by Robert Nelson, a brother of William’s, who is deceased and intestate; that said Robert owned a large tract, of which this was a part, and of which William would be entitled to as much as the thirty acres in controversy, by descent; and further,…
1Opinion of the CourtCole, J.
1.nbtvtkiai.: mlstfee of: law. I. As tbe evidence upon which tbe district court made tbe decree in tbe case is not contained in tbe transcript, we cannot sustain either tbe first or second ground of tbe motion — that tbe decree was n0£ sustained by sufficient evidence, and was contrary to law.
II. Tbe party making tbe motion for a new trial admits that be was served with notice more than three months before tbe default and judgment were entered, and makes no excuse for bis failure to appear and defend, except that be knew tbe plaintiff bad no title and did not think be could get a decree…
2Cases cited2 opinions
- Harrison v. KramerSupreme Court of Iowa · 1856
- White v. PoormanSupreme Court of Iowa · 1867
3Cited by3 opinions
- English v. OtisSupreme Court of Iowa · 1904
- Hinman v. SageSupreme Court of Iowa · 1932
- Moore v. KleppishSupreme Court of Iowa · 1898