Koch v. West
Supreme Court of Iowa
Appeal from Lee District Court. — Ho.v. Henrt Bank, Jr., Judge. This is au equitable action to quiet title. The land involved in the controversy is the S. E. i of the N. E. \ of section 10, township 67, range 5, Lee county, Iowa.
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Appeal from Lee District Court. — Ho.v. Henrt Bank, Jr., Judge. This is au equitable action to quiet title. The land involved in the controversy is the S. E. i of the N. E. \ of section 10, township 67, range 5, Lee county, Iowa. The petition alleges ownership in fee in the plaintiff, through a chain of title descending from Phoebe and John Shefler.' The land was formerly owned by James Bullard, who conveyed the same to Phoebe Shefler in 1874. In 1877 Phoebe Shefler and John Shefler'exchanged this land for land owned by Joseph Schulty, and deeded the same to him. A few days after this…
1Opinion of the CourtSherwin, J.
of tule: proof The relief asked by the plaintiff, Koch, is based on the ground that he is the owner of the fee title of the land in controversy. The allegations of his petition must therefore be proven, and, if he has failed in this respect, he is not entitled to judgment. Costello v. Burke, 63 Iowa, 361.
o'r tuie: flu-II. We think there is evidence tending to prove that Noah Huett, the grantee of Phoebe and John Shefler, died intestate sometime in 1885, seised of the land in question. On the 27th day of May, 1887, a decree was entered in partition-proceedings in the district court of Lee…
2Cases cited19 opinions
- Norton, Jewett & Busby v. WilliamsSupreme Court of Iowa · 1859
- Costello v. BurkeSupreme Court of Iowa · 1884
- Ross v. LoomisSupreme Court of Iowa · 1884
- Rogers v. HusseySupreme Court of Iowa · 1873
- Greenwood v. JenswoldSupreme Court of Iowa · 1886
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3Cited by15 opinions
- Keefe v. CropperSupreme Court of Iowa · 1922
- Ely v. . NormanSupreme Court of North Carolina · 1918
- Rice v. TaylorCalifornia Supreme Court · 1934
- Parry v. ReinertsonSupreme Court of Iowa · 1929
- In Re LabbDistrict Court, W.D. New York · 1941
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