Percival-Porter Co. v. Oaks
Supreme Court of Iowa
Appeal from Pollc District Court.— Hon. Hugh Brennan, Judge. Action in equity to quiet title to a certain lot in Des Moines.
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Appeal from Pollc District Court.— Hon. Hugh Brennan, Judge. Action in equity to quiet title to a certain lot in Des Moines. Defendants claim that they are the owners of the lot, and entitled to immediate possession thereof, by reason of a title bond, and in a cross-petition ask that plaintiff be required to account for rents and profits realized from the property while in possession thereof, that they have an order putting them into immediate possession, and that their title be quieted as against the claims of the plaintiff, and all persons claiming by, through, or under it, and, further,…
1Opinion of the CourtMcClain, C. J.
Both parties claim title to the lot in controversy under one Aristarchus Cone, who acquired title thereto in 1890 by conveyance from one Yorse, and who in May, 1900, conveyed the lot by quitclaim deed to his niece, Mrs. Miller, who in May, 1903, conveyed by warranty deed to the plaintiff company, subject to a contract of sale to Eva M. Colburn and William II. Patterson, executed in March preceding. The claim of defendants is that they purchased the lot from Vorse in 1889 for $2,000, and immediately took possession thereof, paying him about $400 in money and deeding to him in exchange another…
2Cases cited4 opinions
- Bays v. HerringSupreme Court of Iowa · 1879
- Woolheather v. RisleySupreme Court of Iowa · 1874
- State v. StegnerSupreme Court of Iowa · 1887
- Walker v. ScofieldSupreme Court of Iowa · 1874
3Cited by3 opinions
- State v. One Certain AutomobileSupreme Court of Iowa · 1946
- Des Moines Joint Stock Land Bank v. DansonSupreme Court of Iowa · 1928
- In Re Laufert's GuardianshipSupreme Court of Iowa · 1956