Butterfield v. Walsh
Supreme Court of Iowa
Appeal from, Dubuque District Court Right. — Both parties claim under Owen' McLaughlin. Plaintiff’s title is this: Patrick Quigley obtained a sheriff’s deed in July, 1840, under a judgment and execution in favor of Curran against McLaughlin; and in April, 1862, plaintiff obtained a sheriff’s deed under a judgment and execution in his favor against said Quigley.
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Appeal from, Dubuque District Court Right. — Both parties claim under Owen' McLaughlin. Plaintiff’s title is this: Patrick Quigley obtained a sheriff’s deed in July, 1840, under a judgment and execution in favor of Curran against McLaughlin; and in April, 1862, plaintiff obtained a sheriff’s deed under a judgment and execution in his favor against said Quigley. Defendant is the residuary legatee of John Walsh, and shows that the property was sold to said John in October, 1841, under a judgment in favor of the Walshes, rendered subsequent to that under which plaintiff claims against said…
1Opinion of the CourtWright, J.
1.. Kotice: atRidicfaf sale‘ In the disposition of this case we shall assume that Quigley bought under the Curran judgment as the agent of Walsh, and that as between them he held it in trust for Walsh. The testimony, we concede, is not very conclusive, but this is its tendency, and we shall so treat it. As plaintiff claims under the senior judgment, against one who is the common source of title, the material inquiry is, whether he had notice of defendant’s equities, or whether such equitable title can defeat an apparently regular legal title.
Defendant had no actual possession of the property;…
2Cases cited8 opinions
- Sanford v. McLeanNew York Court of Chancery · 1831
- Vannice v. BergenSupreme Court of Iowa · 1864
- Norton, Jewett & Busby v. WilliamsSupreme Court of Iowa · 1859
- Jackson ex dem. Carman v. RoseveltNew York Supreme Court · 1816
- Averill v. WilsonNew York Supreme Court · 1848
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3Cited by9 opinions
- Rooker v. RookerIndiana Supreme Court · 1881
- Pugh v. HighleyIndiana Supreme Court · 1899
- Blair v. ComptonMichigan Supreme Court · 1876
- Walton v. WraySupreme Court of Iowa · 1880
- Barrett v. McKenzieSupreme Court of Minnesota · 1877
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