Legal Opinion

Drake v. Moore

Supreme Court of Iowa

Decided April 23, 1885PublishedCited by 7 opinions

Appeal from Guthrie Circuit Cow't. Plaintiff brought this action to recover possession of a town lot in the village of Yan Nést. He alleged in his petition that he was the owner of the property, and entitled to possession of the same, and that defendants wrongfully and unlawfully kept him out of possession. Attached to the petition, as an exhibit, was an abstract of title, showing the claim of title under which plaintiff claimed the property.

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Appeal from Guthrie Circuit Cow't. Plaintiff brought this action to recover possession of a town lot in the village of Yan Nést. He alleged in his petition that he was the owner of the property, and entitled to possession of the same, and that defendants wrongfully and unlawfully kept him out of possession. Attached to the petition, as an exhibit, was an abstract of title, showing the claim of title under which plaintiff claimed the property. This abstract shows that the property belonged originally to the Milwaukee Land Company; that this company entered into a contract with defendant, W. C.…

1Opinion of the CourtReed, J.

The written contract which was assigned by W. C. Moore to Clement, Sayre & Co. was executed on the second of January, 1883. The assignment was made February 22, 1883, and the debt intended to be secured by the assignment was contracted in October, 1882. The debt was contracted by the firm of W. C. Moore & Company, a partnership composed of W. C. Moore and Mrs. Parmenter. This firm commenced business as general merchants in April, 1882. The business was carried on in the premises in question. About the first of January, 1882, a parol contract was entered into with the Milwaukee Land Company…

2Cases cited2 opinions

  1. Hewitt v. RankinSupreme Court of Iowa · 1875
  2. Smith v. QuiggansSupreme Court of Iowa · 1885

3Cited by7 opinions

  1. Jensen v. WiersmaSupreme Court of Iowa · 1919
  2. Hoyt v. HoytSupreme Court of Iowa · 1886
  3. Green v. RootDistrict Court, S.D. Iowa · 1893
  4. Fordyce v. HicksSupreme Court of Iowa · 1890
  5. Sieg v. GreeneCourt of Appeals for the Eighth Circuit · 1915

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