Legal Opinion

Spitler v. Scofield

Supreme Court of Iowa

Decided June 15, 1876PublishedCited by 8 opinions

Appeal from Washington District Court. The plaintiff claims that he owns the northwest quarter of southwest quarter of section 7, township 74, range 8, and alleges that defendants make some claim thereto, and asks that his title be quieted. The defendants, the heirs of Seeley, allege that their ancestor derived title to the land in question from H. & W. Scofield, by deed of warranty, February 6, 1875, and that the Scofields derived title from Washington county.

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Appeal from Washington District Court. The plaintiff claims that he owns the northwest quarter of southwest quarter of section 7, township 74, range 8, and alleges that defendants make some claim thereto, and asks that his title be quieted. The defendants, the heirs of Seeley, allege that their ancestor derived title to the land in question from H. & W. Scofield, by deed of warranty, February 6, 1875, and that the Scofields derived title from Washington county. By way of cross-bill they ask that their title be quieted. Upon the evidence submitted the court decreed that plaintiff is the owner…

1Opinion of the CourtDay, J.

The land in controversy is swampland situated in Washington county.

The title of plaintiff is as follows: On the 12th day of September, 1864, the board of supervisors of Washington county sold the west fractional half of the south vest quarter of section 7, township 74, range 8, containing fifty-six acres, *572and including the land in controversy, to Hannah Lowe, and executed to her a bond for a deed when the county should obtain title.

On the 17th day ot‘ August, 1868, Hannah Lowe assigned this bond to the plaintiff, in consideration of the sum of $200.

On the 28th day of December, 1870, the…

2Cases cited4 opinions

  1. Close v. SammSupreme Court of Iowa · 1869
  2. Booth v. SmallSupreme Court of Iowa · 1868
  3. Colvin v. McCuneSupreme Court of Iowa · 1874
  4. Wamsley v. RiversSupreme Court of Iowa · 1872

3Cited by8 opinions

  1. Avent v. ArringtonSupreme Court of North Carolina · 1890
  2. Buck v. HoltSupreme Court of Iowa · 1888
  3. Nolan v. GrantSupreme Court of Iowa · 1879
  4. Avent v. . ArringtonSupreme Court of North Carolina · 1890
  5. Dice v. BrownSupreme Court of Iowa · 1896

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