Legal Opinion

Clark v. Allen

Supreme Court of Iowa

Decided April 19, 1872PublishedCited by 6 opinions

Appeal from Iowa District Oourt. Action In chancery to quiet in plaintiff the title of certain lauds. Upon a hearing the relief prayed for by plaintiff was denied, and a decree accordingly entered. Certain taxes paid by plaintiff upon the land were adjudged to be repaid him, and the same declared to be a lien upon the property. Plaintiff appeals. The facts of the case appear in the opinion.

1Opinion of the Court

Beck, Ch. J.

I. We are of the opinion that the evidence indisputably establishes the following facts: Kauffman, Borland and Clark were copartners, doing business under the firm name of Kauffman, Borland &, Co. in 1859. The business of the firm has never been settled up. Borland died in 1867 or 1868. In the year first named, 1859, the firm purchased of Griffin, and paid for, the land in controversy. A deed was executed by Griffin, properly describing the land, and regular in all respects, except that the name of the grantee was omitted, the proper blank being left for its insertion afterward.…

2Cases cited2 opinions

  1. Simms v. HerveySupreme Court of Iowa · 1865
  2. Switzer v. KnappsSupreme Court of Iowa · 1859

3Cited by6 opinions

  1. Creveling v. BantaSupreme Court of Iowa · 1908
  2. Swartz v. BallouSupreme Court of Iowa · 1877
  3. Tutt v. SmithSupreme Court of Iowa · 1924
  4. State v. MatthewsSupreme Court of Kansas · 1890
  5. McCleery v. WakefieldSupreme Court of Iowa · 1889

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