Foreman v. Higham
Supreme Court of Iowa
Appeal from Paye Circuit Court. This action is brought to recover the possession of real property, particularly described ; the plaintiff claiming the title thereto. The answer denies plaintiff’s title and asserts title in the defendant. Trial by the court. Judgment for plaintiff. Defendant appeals. The further necessary facts are found in the opinion.
1Opinion of the CourtMiller, J.
The evidence and the admissions of the parties on the trial establish the following facts :
*3831. Both parties trace their titles back to one John Lee.
2. On the 15th day of June, 1860, the land in controversy (being in Page county) was sold on execution by the sheriff of that county, and B. H. Covington became the purchaser, without notice of any outstanding equities.
3. The judgment, upon which the execution was issued, was rendered against Lee, in Decatur county, Iowa, and docketed in Page county, “ but was never indexed in said Page county so as to impart constructive notice of its existence.”
4.…
2Cases cited4 opinions
- Gower v. DoheneySupreme Court of Iowa · 1871
- Cummings v. LongSupreme Court of Iowa · 1864
- Evans v. McGlassonSupreme Court of Iowa · 1864
- Hubbard v. BarnesSupreme Court of Iowa · 1870
3Cited by2 opinions
- McGinnis v. EdgellSupreme Court of Iowa · 1874
- Drahos v. KopeskySupreme Court of Iowa · 1906