Kurz v. Brusch
Supreme Court of Iowa
Appeal from, Dubuque City Court. Lot 482 in the city of Dubuque is subdivided into five portions. On the 17th of May, 1858, defendant being the owner of the “ South and South Middle Fifth,” (styled in the deed the south two-fifths), conveyed the same by a trust deed of that date to Woodruff, to secure a debt to one Ives. Such proceedings were had, under this deed, that afterwards, on the 30th of April, 1860, the premises were sold and conveyed by the trustee to plaintiff.
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Appeal from, Dubuque City Court. Lot 482 in the city of Dubuque is subdivided into five portions. On the 17th of May, 1858, defendant being the owner of the “ South and South Middle Fifth,” (styled in the deed the south two-fifths), conveyed the same by a trust deed of that date to Woodruff, to secure a debt to one Ives. Such proceedings were had, under this deed, that afterwards, on the 30th of April, 1860, the premises were sold and conveyed by the trustee to plaintiff. He then commenced this action to obtain possession. Defendant answered, setting up, among other things, that the premises…
1Opinion of the CourtWright, J.
There is no controversy as to the south fifth. Nor is there any as to a portion of the south middle fifth. On the north side of this, and some distance from the front, or White street, is a one-story brick cottage, occupied by the defendant and his family at the time of making the deed, in which deed his wife did not join. As to this cottage house and such portions of the lot, (the south middle fifth,) as were in good faith used as appurtenant thereto, plaintiff concedes the verdict is right. But as to all other parts of that subdivision, he insists that the verdict was wrong.
The facts are…
2Cases cited4 opinions
- Charless v. LambersonSupreme Court of Iowa · 1855
- Ackley & Dana v. ChamberlainCalifornia Supreme Court · 1860
- Samuel B. v. StoneTexas Supreme Court · 1857
- Drummond v. StewartSupreme Court of Iowa · 1859
3Cited by10 opinions
- Ashton v. IngleSupreme Court of Kansas · 1878
- Anderson v. ShannonSupreme Court of Kansas · 1937
- In Re EvansUnited States Bankruptcy Court, D. Vermont · 1985
- Davis, Moody & Co. v. KelleySupreme Court of Iowa · 1863
- Bouse v. StoneSupreme Court of Oklahoma · 1916
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