Van Orman v. Merrill
Supreme Court of Iowa
Appeal from, Clayton District Court, This suit was originally brought at law to recover the possession of certain real estate in the city of McGregor. The defendants set up certain equitable defenses in their answer. The cause was referred by consent, and upon report of the referee judgment was rendered for defendants. Plaintiff appeals. The facts are fully set out in the opinion.
1Opinion of the CourtPeck, J.
The answer of the defendants contains the following defenses in the action, viz.: 1. That they hold the equitable title to the property in controversy, derived from one who had contracted with the grantors of plaintiff to purchase it, and had received a title bond for its conveyance upon payment of the purchase-money. This was before the purchase and deed of plaintiff, under which he claims title. The facts and conveyances under which defendants claim the equitable titlé need not be fully set out. 2. That plaintiff, in 1862, brought an action to recover the possession of the property against…
2Cases cited2 opinions
- Van Orman v. Spafford, Clarke & Co.Supreme Court of Iowa · 1864
- Kramer v. CongerSupreme Court of Iowa · 1864
3Cited by12 opinions
- Corey v. ShermanSupreme Court of Iowa · 1895
- Fritzler v. RobinsonSupreme Court of Iowa · 1886
- In the Interest of LewisSupreme Court of Iowa · 1977
- Taylor & Co. v. KierSupreme Court of Iowa · 1880
- Whiting, McKenna & Co. v. RootSupreme Court of Iowa · 1879
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