Legal Opinion

Sullivan v. McLenans

Supreme Court of Iowa

Decided June 15, 1856PublishedCited by 9 opinions

Appeal from the Dubuque District Court. Bill in chancery to settle the title to certain real estate. •'The facts, as we derive them from the pleadings and testimony, are, in substance, as follows: The land in dispute •contains some 18.10 acres, and is situated near the city of Dubuque, on what is ealled tlite “Mineral Reserve.”

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Appeal from the Dubuque District Court. Bill in chancery to settle the title to certain real estate. •'The facts, as we derive them from the pleadings and testimony, are, in substance, as follows: The land in dispute •contains some 18.10 acres, and is situated near the city of Dubuque, on what is ealled tlite “Mineral Reserve.” It appears that this so-called “ reserve,” was withheld from sale ¡by the general government, until the year 1847, because of a, claim made thereto by the heirs of Julien Dubuque, under nn Indian grant. Previous to this time, however, a large number of persons had…

1Opinion of the CourtWright, C. J.

It will be' observed, that the legal title to this property is in the respondents, McLenans and Levins, and complainant seeks to divert it. It is also evident, and not controverted, that when the conveyances were made by Shields, he and his grantees had notice that Sullivan claimed to own all the land, and denied the equitable right of any person else therein. We shall, therefore, treat the case, as if these conveyances had never been made by Shields; and as if he still held the legal title, in trust for the person entitled thereto ;• for as his grantees purchased with notice of his trust…

2Cited by9 opinions

  1. Moser v. Thorp Sales Corp.Supreme Court of Iowa · 1981
  2. Burden v. SheridanSupreme Court of Iowa · 1872
  3. Louisville, New Albany & Chicago Railway Co. v. HartIndiana Supreme Court · 1889
  4. Poole v. GriffithSupreme Court of Alabama · 1927
  5. Sunderland v. SunderlandSupreme Court of Iowa · 1865

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