Curtis v. Smith
Supreme Court of Iowa
Appeal from, Adams Circuit Court. Action in chancery to establish and quiet the title of certain lands in plaintiffs. Upon a hearing on the merits a decree was entered dismissing plaintiffs’ petition, from which they appeal. The onus is upon the subsequent purchaser to show that he made his purchase in good faith and for a valuable consideration.
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Appeal from, Adams Circuit Court. Action in chancery to establish and quiet the title of certain lands in plaintiffs. Upon a hearing on the merits a decree was entered dismissing plaintiffs’ petition, from which they appeal. The onus is upon the subsequent purchaser to show that he made his purchase in good faith and for a valuable consideration. (Sillyman v. King, 36 Iowa, 207; Phillips v. Blair, 38 Id., 649.) The conveyance by quit claim passes the title as the grantor held it, and the grantee takes only what the grantor could lawfully convey. (May v. LeGlaire, 11 Wah, 232.) Such a…
1Opinion of the CourtBeck, J.
I. The plaintiffs claim the land in controversy as the widow and heirs at law of Seymour J. Curtis, deceased, who, they claim, died seized of the land by virtue of the following chain of titles:
1. The lands were entered in 1855 by Walter C. Brock.
2. Brock conveyed two hundred acres of the land on the first day of February, 1859, to James McMillan. The deed was recorded October 28, 1872.
3. McMillan conveyed to Curtis, plaintiffs’ ancestor, October 9, 1871, by deed recorded October 28, 1872.
4. Brock conveyed the remaining tract (eighty acres) October 29, 1859, to James Moore, by deed recorded…
2Cases cited8 opinions
- Bowman v. CockrillSupreme Court of Kansas · 1870
- Smith v. LewisWisconsin Supreme Court · 1866
- Reily v. LancasterCalifornia Supreme Court · 1870
- Porter v. LaffertySupreme Court of Iowa · 1871
- Lybrand v. HaneyWisconsin Supreme Court · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bailey's Adm'r v. CampbellSupreme Court of Alabama · 1886
- Hurt v. SchneiderSupreme Court of Colorado · 1916
- Manning v. BonardSupreme Court of Iowa · 1893
- National Surety Co. v. WalkerSupreme Court of Iowa · 1910
- Skvor v. WeisSupreme Court of Iowa · 1912
5 more not listed; retrieve them via the Exa API.