Albee v. Curtis
Supreme Court of Iowa
Appeal from Floyd District Court. — Hon. John B. Cleland, Judge. This is an action in equity to quiet the title to one hundred and sixty acres of land in Floyd county. ' An answer was filed by the defendants, to which the plaintiff demurred. The answer was amended, and an amendment to the demurrer was filed. Thereupon the parties filed an agreed statement of facts. The demurrer to the answer was sustained, and judgment or decree was rendered for the plaintiff.
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Appeal from Floyd District Court. — Hon. John B. Cleland, Judge. This is an action in equity to quiet the title to one hundred and sixty acres of land in Floyd county. ' An answer was filed by the defendants, to which the plaintiff demurred. The answer was amended, and an amendment to the demurrer was filed. Thereupon the parties filed an agreed statement of facts. The demurrer to the answer was sustained, and judgment or decree was rendered for the plaintiff. Defendants appeal.
1Opinion of the CourtRothrock, J.
The agreed statement of facts appears to include every question in controversy in the case. The stipulation in which the facts are recited is, in substance, as follows : One C. D. Loper became the owner of the land in controversy in 1868. In 1872, Loper mortgaged the land to one Skinner, to secure the payment of fifteen hundred dollars, which mortgage became due January 1, 1877. On the twenty-ninth day of February, 1872, Skinner sold and assigned the mortgage to one Henry A. Dubois, who was then and after-wards, until his decease, a resident of the state of New York. On the eighteenth day of…
2Cases cited3 opinions
- Gower v. WinchesterSupreme Court of Iowa · 1871
- Hendershott v. PingSupreme Court of Iowa · 1867
- Crawford v. Taylor, Richards & BurdenSupreme Court of Iowa · 1875
3Cited by14 opinions
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- Payette v. Marshall CountySupreme Court of Iowa · 1917
- Hansen's Empire Fur Factory v. TeaboutSupreme Court of Iowa · 1898
- Johnson v. KeirSupreme Court of Iowa · 1935
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