Legal Opinion

Johnson v. Chase

Supreme Court of Iowa

Decided December 17, 1870PublishedCited by 6 opinions

Appeal from Hamilton Circuit Court. Action in equity to quiet title in plaintiff to the northwest fractional quarter of section number 6, in township 89, north of range 25 west. Answer by defendants^ claiming paramount title in the defendant Chase. Trial by first method; judgment for defendants. The plaintiff appeals. The facts necessary to bo stated are found in the opinion.

1Opinion of the Court

Cole, Ch. J.

1. practice : prejudice, I. The defendants demurred to the plaintiff’s'petition and the demurrer was sustained. Afterward defendants answered. The plaintiff moved strike the answer from the files, because the demurrer to the petition had been sustained, and this motion was overruled. The sustaining of the demurrer and the overruling of the motion are assigned as errors. It is sufficient to say that if they were errors, which we do not determine, they were, nevertheless, without prejudice to the substantial rights of the plaintiff.

2. tax deed: treasurer to correct. II. The…

2Cases cited4 opinions

  1. McCready v. Sexton & SonSupreme Court of Iowa · 1870
  2. Allen v. ArmstrongSupreme Court of Iowa · 1864
  3. Parker v. Sexton & SonSupreme Court of Iowa · 1870
  4. Hurley v. StreetSupreme Court of Iowa · 1870

3Cited by6 opinions

  1. C. R. & M. R. R. v. Carroll Co.Supreme Court of Iowa · 1875
  2. Grant v. BartholomewNebraska Supreme Court · 1899
  3. Jones v. Mills CountySupreme Court of Iowa · 1938
  4. Paton v. LancasterSupreme Court of Iowa · 1874
  5. Grant v. BartholomewNebraska Supreme Court · 1899

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