Ingle v. Jones
Supreme Court of Iowa
Appeal from Monona District Court. Action in chancery to quiet the title of certain lands held by plaintiff. There was a decree rendered granting the relief prayed for in the petition. Defendants appeal. The facts of the case fully appear in the opinion. A cross bill which consists of direct and positive statements can only be controverted by a general denial of each allegation, or by a specific denial of the particular - allegation the plaintiff wishes to put in issue.
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Appeal from Monona District Court. Action in chancery to quiet the title of certain lands held by plaintiff. There was a decree rendered granting the relief prayed for in the petition. Defendants appeal. The facts of the case fully appear in the opinion. A cross bill which consists of direct and positive statements can only be controverted by a general denial of each allegation, or by a specific denial of the particular - allegation the plaintiff wishes to put in issue. (Cottle v. Cole, 20 Iowa, 483.) Even if it was proved by competent testimony that the original deed was on file°as evidence…
1Opinion of the CourtBeck, J.
The plaintiff’s title to the lands in controversy, which are situated in Monroe county, is traced to Bernhart Henn, who executed a deed of trust thereon to "William B. Todd and William Nourse, trustees, of Washington City, to secure the payment of a promissory note payable to Joseph Ingle. Elizabeth S. Henn, wife of Bernhart Henn, joined in the execution of the deed of trust. Henn and Ingle both departed this life and, the promissory note secured by the deed of trust remaining unpaid, the lands were sold by the trustees to the plaintiff. Elizabeth S., the widow and devisee of Henn, conveyed…
2Cases cited2 opinions
- Beal v. BlairSupreme Court of Iowa · 1871
- Singleton v. ScottSupreme Court of Iowa · 1859
3Cited by11 opinions
- Carico v. KlingColorado Court of Appeals · 1898
- Hall v. CardellSupreme Court of Iowa · 1900
- Stewart v. BrownSupreme Court of Missouri · 1892
- Seffert v. Northern Pacific Railway Co.Oregon Supreme Court · 1907
- Dickey v. BarnstableSupreme Court of Iowa · 1904
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