Miller v. Chittenden
Supreme Court of Iowa
Appeal from the Lee District Court. On tbe 25th day of December, 1846, John McKean, being seized in fee of a certain forty acre tract of land, situated in Lee county, made the following deed, which was duly recorded, February 28d, 1847: “ Know all men by these presents, that I, John McKean, of the town of Keokuk, in Lee county, Iowa, being desirous to promote the cause of true religion in said town, have, in consideration of the sum of one dollar, to me paid by A. B,…
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Appeal from the Lee District Court. On tbe 25th day of December, 1846, John McKean, being seized in fee of a certain forty acre tract of land, situated in Lee county, made the following deed, which was duly recorded, February 28d, 1847: “ Know all men by these presents, that I, John McKean, of the town of Keokuk, in Lee county, Iowa, being desirous to promote the cause of true religion in said town, have, in consideration of the sum of one dollar, to me paid by A. B, Chittenden, William Coleman, William F. Telford, Darius Wellington, and Peter Young, of the said town, granted, bargained, and…
1Opinion of the CourtWright, C. J.
It is first objected, that the deed from McKean to the trustees, did not impart notice of its contents, *360because the certificate of acknowledgment was not in due form of law. If this was true, it could not, under the testimony, aid those who purchased from the heirs. The possession of this land by the trustees, and those claiming under them, as well as the known existence of this deed, as shown by the evidence, gave actual notice of an outstanding adverse title, and the sufficiency of this acknowledgment is, therefore, an immaterial question. If they had actual notice of this deed, they are…
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