Legal Opinion

Postel v. Palmer

Supreme Court of Iowa

Decided March 9, 1887PublishedCited by 8 opinions

Appeal from Buchanan Circuit Court. Plaintiff brought an action for the possession of a tract of land. Defendant denied that plaintiff was the owner or entitled to the possession of the property, and in a cross-petition he set up title thereto in himself, and asked to have the title quieted in him. The circuit court entered judgment dismissing plaintiff’s petition, and quieting the title to the land in defendant. Plaintiff appeals.

1Opinion of the CourtReed, J.

1. evidence : secondary contents of deed : foundation. Both parties' claim title under one Edward N. Norton, who became the owner of the premises on the seventeenth of October, 1873. He conveyed to plaintiff, by quitclaim, on the thirty-first of 1884. On the twentieth of February, 1884, one Isaac Brown executed a conveyance of the premises to defendant. The claim alleged by defendant is that Norton sold and conveyed the land to Brown in November, 1873. But no conveyance between these parties was of record when plaintiff bought of Norton. It is claimed, however, that a conveyance was in fact…

2Cases cited2 opinions

  1. Watson v. PhelpsSupreme Court of Iowa · 1875
  2. Horseman v. TodhunterSupreme Court of Iowa · 1861

3Cited by8 opinions

  1. Whitsett v. BelueSupreme Court of Alabama · 1911
  2. Devoe v. AtkinsonSupreme Court of Iowa · 1901
  3. Steele & Son v. Sioux Valley BankSupreme Court of Iowa · 1890
  4. Barron v. PigmanSupreme Court of Iowa · 1959
  5. American Mortgage Co. v. HutchinsonOregon Supreme Court · 1890

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