O'Neill v. Wilcox
Supreme Court of Iowa
Appeal from, Johnson District Court.- — Hon. M. J. Wade, Judge. Plaintiee claims to have purchased of defendant Wilcox three lots in the town of Oxford, for which he has never received a deed. The prayer of the petition is that a deed be ordered made by Wilcox, and that plaintiff’s title be quieted against Robert, who also claims title to said lots by a purchase from Wilcox, made subsequent to plaintiff’s contract.
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Appeal from, Johnson District Court.- — Hon. M. J. Wade, Judge. Plaintiee claims to have purchased of defendant Wilcox three lots in the town of Oxford, for which he has never received a deed. The prayer of the petition is that a deed be ordered made by Wilcox, and that plaintiff’s title be quieted against Robert, who also claims title to said lots by a purchase from Wilcox, made subsequent to plaintiff’s contract. There was a trial of the issues between plaintiff and Robert, which resulted in a decree in the former’s favor. Robert appeals.
1Opinion of the Court
Waterman, J.-
1 Wilcox died before trial, and no substitution was made. In this state of the record the issue between plaintiff and Robert was tried. This was proper, for one who has an equitable title only may maintain an action to quiet it. Code, section 4223; Rankin v. Miller, 43 Iowa, 11.
2 3 II. The evidence offered on behalf of plaintiff tended to show that he purchased the lots in question through one J. W. Wilson, who it is claimed .was an agent of Wilcox. Wilson was introduced as a witness, and testified-, to his authority, and to the fact that his compensation was 10 per cent, on the…
2Cases cited5 opinions
- Dickey v. LyonSupreme Court of Iowa · 1865
- O'Leary Bros. v. German-American InsuranceSupreme Court of Iowa · 1896
- Rankin v. MillerSupreme Court of Iowa · 1876
- Hannan v. SeidentopfSupreme Court of Iowa · 1901
- Nelson v. WadeSupreme Court of Iowa · 1866
3Cited by7 opinions
- Horner v. MaxwellSupreme Court of Iowa · 1915
- Currier v. ClarkSupreme Court of Iowa · 1910
- Crooks v. JenkinsSupreme Court of Iowa · 1904
- Gray v. BlankenbakerIndiana Court of Appeals · 1918
- First National Bank of Paris v. GraySupreme Court of Arkansas · 1925
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