Colvin v. McCune
Supreme Court of Iowa
Appeal from Johnson District Court. This action was originally commenced September 28,1870, as an ordinary proceeding for the recovery of real properiy— lots one and three, in section three, township eighty one, range five, in Johnson county. An answer to the petition was filed.
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Appeal from Johnson District Court. This action was originally commenced September 28,1870, as an ordinary proceeding for the recovery of real properiy— lots one and three, in section three, township eighty one, range five, in Johnson county. An answer to the petition was filed. Afterwards the plaintiff, by leave of court, filed an amended petition in equity, setting up her right to the same property, and averring that the defendant claimed some right thereto under an alleged tax title purchase, deed and foreclosure; and also averred the facts showing their invalidity, etc.; that defendant…
1Opinion of the Court
• Cole, J.
There is no controversy but that the plaintiff’s first husband entered the land sued for, and that by his death,, ánd the subsequent death of their issue, she became the owner’ in fee of the government title. Nor is there any controversy as to the legal insufficiency of the tax sale, deed and foreclosure, to pass a perfect legal title to the defendant. The whole case is, therefore, rested upon the single question of the statute: of limitations.
On January, 1843, Casper Nick, who was the plaintiff’s-first husband, entered the land in controversy, and on his way home from the land…
2Cases cited14 opinions
- Lessee of Ewing v. BurnetSupreme Court of the United States · 1837
- Close v. SammSupreme Court of Iowa · 1869
- Hamilton v. WrightSupreme Court of Iowa · 1870
- Langworthy v. MyersSupreme Court of Iowa · 1856
- Booth v. SmallSupreme Court of Iowa · 1868
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3Cited by17 opinions
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- Chicago, Rock Island & Pacific Railway Co. v. AllfreeSupreme Court of Iowa · 1884
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- Parker v. VinsonSouth Dakota Supreme Court · 1899
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