Burns v. Iowa Homestead Co.
Supreme Court of Iowa
Appeal from, Webster Circuit Gowrt. In 1865 the plaintiff Maria L. Burns purchased of the defendant eighty acres of land for a consideration of $400, and received defendant’s .conveyance therefor. Said conveyance contained a covenant to warrant and defend the title to said premises against all persons. The defendant had not then and never since has had any right or title to said land.
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Appeal from, Webster Circuit Gowrt. In 1865 the plaintiff Maria L. Burns purchased of the defendant eighty acres of land for a consideration of $400, and received defendant’s .conveyance therefor. Said conveyance contained a covenant to warrant and defend the title to said premises against all persons. The defendant had not then and never since has had any right or title to said land. It is averred in the petition that in July, 1874, the Des Moines Valley Bailroad Company, being then the owner in fee of said land, and the holder of the paramount title under a conveyance from the State of…
1Opinion of the Court
Rothrock, Ch. J".
I. The evidence of title showed that at the time the defendant conveyed the land to the plaintiff Maria L. Burns it had no title thereto, and it was admitted by the defendant that the documentary evidence of title shows that the paramount fee simple title was * * * in the Des Moines Valley Railroad Company at the time plaintiff Maria L. Burns claims to have purchased from that company.
Plaintiffs did not offer in evidence any conveyance from the Des Moines Valley Railroad Company to J. D. Burns, as alleged in the petition, but offered a conveyance made by the Des Moines and…
2Cited by1 opinion
- Brown v. RoseSupreme Court of Iowa · 1881