Wood v. Irving
Supreme Court of Iowa
Appeal from Greene District Court. — Hon. M. E. Hutchinson, Judge. This is an action for possession of certain town lots in the city of Jefferson; the plaintiff alleging that he was the absolute owner thereof in fee simple and as such entitled to the immediate possession. The defendant averred that he was the equitable owner of the lots and had the possession thereof as such, and that the plaintiff had notice of his equity before purchase.
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Appeal from Greene District Court. — Hon. M. E. Hutchinson, Judge. This is an action for possession of certain town lots in the city of Jefferson; the plaintiff alleging that he was the absolute owner thereof in fee simple and as such entitled to the immediate possession. The defendant averred that he was the equitable owner of the lots and had the possession thereof as such, and that the plaintiff had notice of his equity before purchase. At the close of the evidence there was a directed verdict for the plaintiff. The defendant appeals. — ■.
1Opinion of the CourtEvans, J.
The plaintiff has the legal title to the property in contróversy, and is presumptively entitled to the immediate possession thereof. The defendant set up by way. of defense an alleged written contract in the form of correspondence between himself and one IT. J. Worsley, who was the owner of the lots in 1907. Whatever rights the defendant has arise solely out of this correspondence; there being no other negotiation, either oral or written, between him and Worsley. The correspondence was as follows:
Jefferson, Iowa, Sept. 18, 1907.
Mr. H. J. Worsley, Scranton, Iowa — Dear Sir: I offer a bunch of…
2Cases cited5 opinions
- Sheehy v. ScottSupreme Court of Iowa · 1905
- Sawyer v. BrossartSupreme Court of Iowa · 1885
- Iowa Railroad Land Co. v. Estate of BoyleSupreme Court of Iowa · 1912
- Marks v. McGookinSupreme Court of Iowa · 1905
- Bundy v. DareSupreme Court of Iowa · 1883
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