Doniphan v. Street
Supreme Court of Iowa
Appeal ■from, Pottawattamie District Court. Defective deeds treated as valid contracts to convey, and enforced in equity.; — The plaintiff’s petition was filed October 26,1854, against Street, as county judge, claiming to be entitled to a deed for a certain parcel of land in Council Bluffs.
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Appeal ■from, Pottawattamie District Court. Defective deeds treated as valid contracts to convey, and enforced in equity.; — The plaintiff’s petition was filed October 26,1854, against Street, as county judge, claiming to be entitled to a deed for a certain parcel of land in Council Bluffs. The county judge held the title in trust for the occupants of lots, under the act of Congress of April 6, 1854 ;• Lam of Iowa, 1853, cL 88, p. 145; and see Hall v. Doran, 6 Iowa, 433, for general history of the title to the land and lots in Council Bluffs, and the construction which the above statutes have…
1Opinion of the CourtDillon, J.
1. Conveyance: defective description. I. In the petition, the property claimed by the plaintiffs is described thus, viz.: “Bounded as follows-: Northerly by Indian creek and the fence as it now runs í easterly by Timothy Joiner’s lot to Broadway g£ree£. whence southerly fifty-two' and a half feet; thence westerly to the place of beginning, situate in Council Bluffs City, county of Pottawattamie, and State of Iowa; that said piece or parcel of ground was originally settled upon and in the seizin, possession and occupancy of one John McClure.”
In the amended petition the same description is…
2Cases cited2 opinions
- Cotes v. City of DavenportSupreme Court of Iowa · 1859
- Hall v. DoranSupreme Court of Iowa · 1858
3Cited by4 opinions
- Cahill v. Illinois Central RailroadSupreme Court of Iowa · 1908
- Lampman v. BruningSupreme Court of Iowa · 1903
- Pratt v. Fishwild & WilliamsSupreme Court of Iowa · 1903
- Western Fruit & Produce Co. v. BuzzardSupreme Court of Iowa · 1925