Foster v. Bigelow
Supreme Court of Iowa
Appeal from Muscatine District Court. This action was brought to recover the possession of a town lot in Moscow, Muscatine county, the plaintiff claiming the ownership thereof in fee simple.
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Appeal from Muscatine District Court. This action was brought to recover the possession of a town lot in Moscow, Muscatine county, the plaintiff claiming the ownership thereof in fee simple. The defendant Bigelow, in his answer to the petition, avers that he went into the possession of the property under a parol contract with a son of plaintiff, Leonard B. Foster, who claimed to be the owner, and exhibited his title deed of the property to the defendant, with the privilege of purchasing it within a certain time and at an agreed price. Within the time fixed, defendant Bigelow accepted the…
1Opinion of the CourtBeck, J.
emoppbl: assert title, Without a statement in detail, of the evidence, it will be sufficient'to state our conclusions after a careful examination of the record. They are as follows: Bigelow’s contract with plaintiff’s son for the purchase of the property and his possession thereof, under that contract, are satisfactorily established by the evidence.
•The plaintiff, for more than seven years after the„exeeution of the deed to him by his son, under which he claims title to the property, failed to assert that title and withheld his deed from record. During this time the lot was in the possession…
2Cases cited1 opinion
- Lucas v. HartSupreme Court of Iowa · 1857
3Cited by8 opinions
- Hayes v. LivingstonMichigan Supreme Court · 1876
- Gray v. CrockettSupreme Court of Kansas · 1886
- Stevens v. DennettSupreme Court of New Hampshire · 1872
- Erickson v. JohnsonSupreme Court of Iowa · 1915
- Beatty v. SweeneyMichigan Supreme Court · 1872
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