Legal Opinion

Hamilton v. Wright

Supreme Court of Iowa

Decided January 27, 1870PublishedCited by 33 opinions

Appeal from General Term, First District (Lee County). In October, 1842, one Jeremy G. Anderson purchased of Richard F. Barrett the north fractional half of fractional section thirteen, in township sixty-six, north of range five west, it being a part of the land known in this State as the Half Breed Tract.

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Appeal from General Term, First District (Lee County). In October, 1842, one Jeremy G. Anderson purchased of Richard F. Barrett the north fractional half of fractional section thirteen, in township sixty-six, north of range five west, it being a part of the land known in this State as the Half Breed Tract. The said Barrett’s title was derived under tax sales and deeds for all said tract for taxes of 1838 and 1839, his deeds being dated in May and December, 1841. The said Jeremy G. Anderson took possession of said land the same month, October, 1842, and continued to reside thereon with his…

1Opinion of the Court

Cole, Ch. J.

i Adverse husbanfaná wife: estoppel, I. A careful examination of the testimony satisfies us, that although the defendant in the action right had married the widow, who had an nnassigned dower interest in the land in con. troversy, and made his home with said widow upon said land, yet it is quite apparent that he was mainly engaged in other business than farming said land, and was in no just sense in possession of it either as tenant or claimant; and that, under the facts shown in this case, the judgment recovered against him in the action of right gave to the plaintiff therein no…

2Cases cited1 opinion

  1. Marshall v. RuddickSupreme Court of Iowa · 1870

3Cited by33 opinions

  1. Grube v. WellsSupreme Court of Iowa · 1871
  2. Philbin v. CarrIndiana Court of Appeals · 1920
  3. Van Gunden v. Virginia Coal & Iron Co.Court of Appeals for the Fourth Circuit · 1892
  4. Sherin v. BrackettSupreme Court of Minnesota · 1886
  5. Goulding v. ShonquistSupreme Court of Iowa · 1913

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