Butterfield v. Walsh
Supreme Court of Iowa
Appeal from Dubuque Ovreuil Qowrt. Plaintiff brought this action at law for the May term, 1865, of the district court of Dubuque county, to recover of Edward Walsh, now deceased, lot No. 119 in the city of Dubuque.
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Appeal from Dubuque Ovreuil Qowrt. Plaintiff brought this action at law for the May term, 1865, of the district court of Dubuque county, to recover of Edward Walsh, now deceased, lot No. 119 in the city of Dubuque. The defendant pleaded a general denial, and also set up an equitable defense, to the effect that he claimed the lot through his brother, John Walsh, who was the equitable owner thereof; that Patrick Quigley, through whom plaintiff claims title by virtue of a purchase thereof, under an execution sale against said Quigley, had no interest in the property; that Quigley had purchased…
1Opinion of the CourtMiller, J.
— In the opinion of this court in this case reported in 21 Iowa, 97, it is said: “ As the plaintiff claims under the senior judgment, against one who is the common source of title, the material inquiry is, whether he had notice of defendant’s equities, or whether such equitable title can defeat an apparently regular legal one. The defendant had no actual possession of the property; nor was there any other than constructive possession in any one. The record title, at the time of plaintiff’s purchase, was in Quigley, and we find nothing to warrant the conclusion that at this time he had any…
2Cases cited4 opinions
- Wilcox v. Iowa Wesleyan UniversitySupreme Court of Iowa · 1871
- Armstrong v. PiersonSupreme Court of Iowa · 1857
- Parker v. PierceSupreme Court of Iowa · 1864
- Butterfield v. WalshSupreme Court of Iowa · 1866
3Cited by4 opinions
- Rooker v. RookerIndiana Supreme Court · 1881
- Rippe v. BadgerSupreme Court of Iowa · 1904
- Cooley v. WilsonSupreme Court of Iowa · 1876
- Tennant v. WatsonSupreme Court of Arkansas · 1893