Jerald v. Elly
Supreme Court of Iowa
Appeal from Mitchell District Court. Action at law upon the covenants of seizin and against incumbrances in a deed for land executed by defendant to plaintiff. There was a verdict and judgment for defenda.:!. Plaintiff appeals. The facts of the case appear in the opinion.
1Opinion of the Court
Beck, Ch. J.
— The petition alleges the execution of the deed, containing covenants of seizin and against incumbrances, which is made an exhibit, and that when it was executed defendant was not lawfully seized of all the lands conveyed; that they were not free from incumbrances, and that defendant did not have good right and lawful authority to sell the same. It is then averred that the Milwaukee & St. Paul Eailroad Company “owned and held, and were in actual exercise of the rights of occupancy of, and were entitled to the right of way thereto, some six acres, being a strip one hundred feet…
2Cases cited3 opinions
- Schofield v. Iowa Homestead Co.Supreme Court of Iowa · 1871
- Barker v. KuhnSupreme Court of Iowa · 1874
- Blackshire v. Iowa Homestead Co.Supreme Court of Iowa · 1874
3Cited by7 opinions
- Brown v. YoungSupreme Court of Iowa · 1886
- Wilson v. IrishSupreme Court of Iowa · 1883
- Christenson v. PetersonSupreme Court of Iowa · 1913
- Schafroth v. RossCourt of Appeals for the Eighth Circuit · 1923
- Gates v. Colfax Northern Railway Co.Supreme Court of Iowa · 1916
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