Paton v. Lancaster
Supreme Court of Iowa
Appeal from Oherolcee District Court. ■ This is a suit in equity. The plaintiff in his petition alleges that he is the owner in fee of the northwest fractional quarter of section six, township eighty-nine, range twenty-five; and that he obtained title by deed from D. D. Chase. That the defendant, Lancaster, about 18G8, purchased the property from a party unknown to plaintiff, and had a quit claim deed made to one D. B. Johnson, who conveyed the same to Lancaster.
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Appeal from Oherolcee District Court. ■ This is a suit in equity. The plaintiff in his petition alleges that he is the owner in fee of the northwest fractional quarter of section six, township eighty-nine, range twenty-five; and that he obtained title by deed from D. D. Chase. That the defendant, Lancaster, about 18G8, purchased the property from a party unknown to plaintiff, and had a quit claim deed made to one D. B. Johnson, who conveyed the same to Lancaster. That Lancaster employed counsel and had suit in equity brought against Chase, the then owner in the name of said Johnson; that the…
1Opinion of the CourtCole, J.
i pleading-equity. — The counsel for appellants insists that since the former action, by Johnson against Chase, was an equitable action triable and tried by the first method, the Circuit Court had no jurisdiction, and its judgment was therefore entirely inoperative for any purpose. But we do not determine this question, because the judgment of the District Court, in this case, must be affirmed upon another ground, and regardless of the question whether the former judgment was valid or not.
We have a statute, which was first embodied in Rev. 1860, § 3602, and which was amended by Ch. 167, § 34,…
2Cases cited3 opinions
- Crawford v. PaineSupreme Court of Iowa · 1865
- Johnson v. ChaseSupreme Court of Iowa · 1870
- Lyon v. TevisSupreme Court of Iowa · 1859
3Cited by3 opinions
- McAnulty v. PeisenSupreme Court of Iowa · 1929
- Richards v. MoranSupreme Court of Iowa · 1908
- Hunter v. AmishSupreme Court of Iowa · 1914