County of Floyd v. Cheney
Supreme Court of Iowa
Appeal from Floyd Circuit Court. Action in equity to quiet plaintiff’s title to certain real estate The defendant filed an answer and also a cross-petition in which he claimed to be the owner of the land. There was a demurrer to the answer and cróss-petition which was sustained, and a decree was entered for the plaintiff. Defendant appeals.
1Opinion of the CourtRothrock, J.
The demurrer was sustained, as, we understand it, upon the ground that the defendant was precluded by the statute of limitations from making the defense set up in the answer, and from asserting tbe claim made in tbe cross-petition.
The facts as averred in the petition are as follows: The plaintiff held a school fund mortgage upon the land, executed by one Collins, and at some time, the. date of which does not appear, the same was foreclosed. This mortgage was the first *161lien upon the land. The plaintiff was the purchaser at the foreclosure sale and received a sheriff’s deed on December 19th,…
2Cases cited2 opinions
- Gower v. WinchesterSupreme Court of Iowa · 1871
- Barrett v. BlackmarSupreme Court of Iowa · 1877
3Cited by9 opinions
- Jones v. . WilliamsSupreme Court of North Carolina · 1911
- State v. HartleySupreme Court of Connecticut · 1902
- Chase v. WestonSupreme Court of Iowa · 1888
- Burroughs v. BurroughsSupreme Court of Oklahoma · 1945
- Donald v. StybrSupreme Court of Kansas · 1902
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