Volume 194 — Iowa Reports

- — Charles A. Dudley, Judge. Aotion by-a widow, to have ber distributive share ascertained, determined, and set off, in what she claims to be partnership property. The defense is that the property was owned in joint tenancy, and is, therefore, not subject to her claim to dower therein. Decree for the plaintiff in the court below. Defendants appeal.' —

— H. E. Fry, Judge. Suit in equity, to rescind a contract for the purchase and sale of land, the plaintiff being the vendee, on the ground of fraudulent representations. There was a trial on the merits, and a decree dismissing the petition. The plaintiff appeals. — ■

—Lester L. Thompson, Judge. Action at law on an account for attorney fees. There was a general denial in answer, and a counterclaim for damages for malpractice by plaintiff in the conduct of the defendant’s suit in which the alleged attorney fees were earned. At the close of the evidence, the trial court withdrew the counterclaim, and submitted plaintiff’s cause of action to the jury. There was a verdict for the plaintiff and judgment thereon. The defendant appeals.

— F. D. Letts, Judge. ActioN for damages to the amoiuit of $3,000 for breach of a contract. There was a general denial by the defendant, and a counterclaim for damages for $4,000 for alleged breach of the same contract by the plaintiff. There was a trial to a jury, and a verdict for the plaintiff for $1,000. Judgment VAs entered thereon, and the defendants appeal.- —

— A. B. Clauic, Judge. Aotion to recover on a subscription to tbe capital stock of tbe plabitiff corporation. Jury was waived’ and cause tried to tbe court. Judgment was entered in favor of tbe plaintiff. Defendant appeals. —

- — C. C. Hamilton, Judge. Aotion in equity to set aside a warranty deed conveying certain real estate in Woodbury County, Iowa by reason of the alleged mental incompetency of the grantor at the time of the execution thereof. The trial court sustained the petition and declared the equities of the cause to be with plaintiffs. Defendants appeal. —

<p>Appeal from Union District Court. — Homer A. Fuller, Judge.</p> <p>Action to recover on a land contract the sum of $5,000 as liquidated damages. Cause tried to a jury resulting in a verdict for the plaintiff. Defendant appeals. —</p>

— John E. Craig, Judge. Aotion in equity to cancel and set aside a mechanics’ lien. Defendant filed cross-petition against plaintiff to recover, for material furnished and labor performed under a written contract and to foreclose the mechanics’ lien, which plaintiff seeks to cancel. Demurrer of plaintiff to the cross-petition was sustained, whereupon the defendant filed a counterclaim praying for tlie same relief as in the cross-petition.

<p>EMINENT DOMAIN: Award — Perfecting Appeal. Notice of appeal from an award of damages under the Eminent Domain Act mlist be served on the sheriff. (See. 2009, Code Snpp., 1913.)</p>

<p>1 ADVERSE POSSESSION: School Districts. A school district which, without any formal conveyance to it, takes possession of a tract of ground, fences it, builds a selioolhouse thereon, there maintains a school, and openly, continuously, and exclusively maintains such condition without question for some 35 years, must be held to have an impregnable title by adverse possession.</p> <p>2 ADVERSE POSSESSION: Hostile Possession — “Claim of Right” Presumed. That an oecuimncy was under a "claim of right” may be inferred from the exclusiveness of possession, from the making of improvements, and from the exercise of notoriously appropriate acts of ownership over the property for the statutory period.</p> <p>3 DEEDS: Nature and Essentials — Quitclaim From Stranger. A quitclaim deed from the heirs of one who has lost all title boeauso of adverse possession in another, is simply a deed from a stranger to the title.</p> <p>i SCHOOLS AND SCHOOL DISTRICTS: Schoolhouse Sites — Forfeiture of Right of Reversion. The right of a property owner to a reversion of a schoolhouse site which has been carved out of his farm may be forfeited by a failure to meet the statutory conditions to such reversion.</p>

<p>Appeal from Chickasaw District Court. — H. E. Taylor, Judge.</p> <p>Action at law by the guardians of E. T. Bunion to recover personal judgment against defendant trustees in the sum of $6,220 with interest for the support of E. T. Eunion while in the care and custody of Nellie E. Cavanagh from November 1915 to September 1919. Upon motion of the defendants the court directed a verdict in defendants’ favor. Judgment was entered against plaintiffs for costs. Plaintiffs appeal. —</p>

<p>Appeal from. O’Brien District Court. — C. C. Bradley, Judge.</p> <p>The opinion states the case. —</p>

— William Hutoi-iiNSON, Judge. ActioN in equity, to enjoin the collection of certain school taxes certified under proceedings had by the board of directors of the independent school district of Hinton, and levied by the board of supervisors of Plymouth County. A temporary writ was issued, but, upon motion of the defendants, it was dissolved. Plaintiffs appeal from the'order of dissolution! —

■ — Miles W. Newby, Judge. The opinion sufficiently states the nature of the case. From a decree for plaintiff, defendant appeals. —

- — W. G. Sears, Judge. Aotion to recover compensation under the Workmen’s Compensation Law of Iowa instituted on behalf of the parents of the deceased who are residents of Mexico. The industrial commissioner denied the relief and on appeal to the district court his decision was affirmed. Claimants appeal. —

<p>Appeal from Monroe District Cotirt. — D. M. AndeRSOn, Judge.</p> <p>Both parties appeal from an award by tbe court below, in a proceeding under tbe' Workmen’s Compensation Act. —</p>

— William; Hutchinson, Judge. Aotion in equity by plaintiff-executor to compel the defendant to specifically perform an executory contract for the purchase and sale of certain real estate belonging to the estate of decedent for the purpose of securing money to pay the indebtedness of the estate. The issues were determined by the trial court iu favor of tlie defendant and plaintiff’s petition was dismissed at bis costs. From tbe judgment entered plaintiff app eals. —

<p>VENDOR AND PURCHASER: Rescission by Purchaser — Curing Defective Abstract. A purchaser may not rescind the contract of purchase on the ground that the title as shown by the abstract did not conform to the contract, when all defects therein were, as contemplated by the contract, removed before the day when the deal was to be finally closed.</p>

<p>MORTGAGES: Foreclosure — Construction of Decree. An obscure and ambiguous decree must be construed in the light of the pleadings before the decreeing court, and the facts proven, and on the presumption that the court must have intended to provide substantial and not colorable relief. Especially is this true when the construction thus arrived at makes all lien holders whole, and gives the owner of the land involved a chance to redeem.</p> <p>Pbinciple Applied: Eirst and second mortgages were separately, and in that order, foreclosed. Separate sales were had, and the property was sold to the second mortgagee. Later, and at a time when the right of the owner of the land to redeem was dead as to the first foreclosure sale, but alive as to the second foreclosure sale, the certificate holder obtained a supplemental decree which, after rectifying- certain defects in both foreclosures, granted the following rights of redemption:</p> <p>1. To certain lien holders, nine months from “said original decree. ’ ’</p> <p>2. To the owner of the land, one year from the “original sale.”</p> <p>Under said supplemental decree, some lien holders had a right to redeem from the first foreclosure sale, but not from the seeond; while other lien holders had a right to redeem from the seeond foreclosure sale, but not from the first. One lien holder had the right to redeem from both foreclosure sales. The said supplemental decree cured no defect in the first foreclosure, as regards the owner of the land.</p> <p>Held, it was the evident intention of the court, in view of the pleadings and facts found, to grant to the owner of the land three months in which to redeem, after all lien holders had exhausted their rights, and therefore the term “original sale,” as employed in the supplemental decree, meant both sales, — the sales under both foreclosures.</p>

- — C. C. Hamilton, Judge. Appeal from a judgment of the district court of Iowa in and for Woodbury County granting a writ of habeas corpus and ordering the discharge of the petitioner from custody. Defendants appeal. —

— E. M. MoCall, Judge. Aotion by plaintiff, trustee, to recover about $3,000 paid by tbe bankrupt to tbe defendant at different times, and in different amounts, within four months next preceding tbe bankruptcy. It is alleged that this constituted a preference, and plaintiff seeks to recover it. Tbe trial court found for defendant. Plaintiff appeals. —

<p>1 BOUNDARIES: Possession in Excess of Calls of Deed. Principle affirmed that a vendor may be estopped to question the possession of his purchaser, though such possession is in excess of the calls of the deed, when it has been long acquiesced in by the vendor, and is in aeeord with the mutual intent of the parties at the time of the conveyance.</p> <p>2 WATERS AND WATERCOURSES: Surface Waters. Principle affirmed that a party may drain surface waters in the general course of natural drainage, but, in so doing, may not divert the waters in the long established ditches of other parties.</p>

— C. W. Vermilion, Judge. Action at law to recover damages for an alleged personal assault and for trespass upon the property of plaintiff. Cause tried to the jury and a verdict returned in favor of the defendants. Plaintiff appeals. —

- — -Earl PeteRS, Judge. Action at law, to recover damages for the death of Philip James Corbett, deceased. There was a verdict and judgment for plaintiff, and the defendant appeals. —