Brinton v. Seevers
Supreme Court of Iowa
Appeal from Mahaslza District Court. • Bill IN equity to quiet title. Complainant claims under a deed made by Lougbridge & Cassidy, of April lltb, 1854. The respondent, as alleged in the bill, claims under a judgment and execution against Cassidy, in virtue of which the premises were sold on the 17th of November, 1857. The acknowledgment of the deed from Lougbridge & Cassi-dy to complainant, is as follows: State of Iowa, 1 gg Mahaslea County.
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Appeal from Mahaslza District Court. • Bill IN equity to quiet title. Complainant claims under a deed made by Lougbridge & Cassidy, of April lltb, 1854. The respondent, as alleged in the bill, claims under a judgment and execution against Cassidy, in virtue of which the premises were sold on the 17th of November, 1857. The acknowledgment of the deed from Lougbridge & Cassi-dy to complainant, is as follows: State of Iowa, 1 gg Mahaslea County. J On this 11th day of April, 1854, appeared before me, the undersigned, a justice of the peace in and for said county, the above named persons, who…
1Opinion of the CourtWright, J.
Several causes, general in their nature, are assigned in the demurrer ; but the special assignment and the one relied upon in argument is, that the deed to complainant ; was so imperfectly acknowledged that its recording did not impart notice of its contents to respondent, and that as a consequence, complainant acquired no title thereby against the judgment, execution and purchase thereunder by respondent.
We are of the opinion that the deed was defectively acknowledged, and that the recording of the same, according to the provisions of the Code of 1851, § 1211, imparted no notice of its…
2Cases cited2 opinions
- Satterlee v. MatthewsonSupreme Court of the United States · 1829
- Wickersham v. ReevesSupreme Court of Iowa · 1855
3Cited by22 opinions
- Forster v. ForsterMassachusetts Supreme Judicial Court · 1880
- Scharfenburg v. BishopSupreme Court of Iowa · 1872
- Kothe v. Krag-Reynolds Co.Indiana Court of Appeals · 1898
- Guyer v. Union Trust Co.Indiana Court of Appeals · 1914
- Finders v. BodleNebraska Supreme Court · 1899
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