Blanchard v. Ware
Supreme Court of Iowa
Appeal from Poweshiek District Court. Tuesday, October 21. The plaintiffs filed in the Poweshiek district court, their petition in substance as follows: That in 1870 they purchased the west half of section fourteen in township numbered seventy-nine north, of range number fifteen west, of W. D. Freeman, who was the owner thereof in fee simple, and that Freeman and plaintiffs, together, have fenced and broken one hundred and sixty-five acres of said land, and erected a…
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Appeal from Poweshiek District Court. Tuesday, October 21. The plaintiffs filed in the Poweshiek district court, their petition in substance as follows: That in 1870 they purchased the west half of section fourteen in township numbered seventy-nine north, of range number fifteen west, of W. D. Freeman, who was the owner thereof in fee simple, and that Freeman and plaintiffs, together, have fenced and broken one hundred and sixty-five acres of said land, and erected a dwelling-house and other substantial and permanent improvements thereon, of the value of sixteen hundred dollars. That at the…
1Opinion of the CourtDay, J.
We know of no equitable rule or principle which will afford the plaintiffs relief under the facts stated. At the time they purchased the lands in dispute an action had been commenced against their grantor to set aside his title, he had *308been personally served with notice and had appeared and obtained time to plead.
Section 2842 of the Revision provides that: “ When a petition has been filed affecting real estate, the action is pending so as to charge third persons with notice of its pendency, and while pending no interest can be acquired by third persons in the subject-matter thereof, as…
2Cases cited1 opinion
- McGregor v. McGregorSupreme Court of Iowa · 1866
3Cited by4 opinions
- Tredway v. McDonaldSupreme Court of Iowa · 1879
- Blanchard v. WareSupreme Court of Iowa · 1876
- Finch v. HollingerSupreme Court of Iowa · 1877
- Cooney v. CoppockSupreme Court of Iowa · 1903