Hurni v. Sioux City Stockyards Co.
| Decision Date | 17 February 1908 |
| Citation | 114 N.W. 1074,138 Iowa 475 |
| Parties | HURNI v. SIOUX CITY STOCKYARDS CO. |
| Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Appeal from District Court, Woodbury County; David Mould, Judge.
Action to quiet title to certain real property and to recover attorney's fees on account of the refusal of the defendant to execute a quitclaim deed under the provisions of Code, § 4226. There was a decree for plaintiff, and judgment for attorneys' fees in the sum of $40. From this decree and judgment, defendant appeals. Affirmed.Milchrist & Scott, for appellant.
Edwin J. Stason, for appellee.
Plaintiff alleged that he was the owner in fee simple and entitled to the possession of lots 6, 7, 8, and 9, in block 32, in Floyd City, an addition to Sioux City, and that he was credibly informed and believed that defendant made some claim adverse to him in and to said property which was without foundation. He also alleged that he had tendered to the defendant a quitclaim deed for execution accompanied with the offer of $1.25 in accordance with the provisions of Code, § 4226, which provides that if a party 20 days or more before bringing suit to quiet title to real estate shall request of the person holding an apparent adverse interest or right therein, the execution of a quitclaim deed thereto, and shall also tender to him $1.25 to cover the expense of the execution and delivery of the deed and the person to whom such offer is made refuses or neglects to comply therewith, the filing of a disclaimer of interest or right by the latter shall not avoid the costs in an action afterwards brought, and the court may, in its discretion, if plaintiff succeeds, tax in addition to the ordinary costs of court an attorney's fee for plaintiff's attorney not exceeding $25 if the action involves a single tract not exceeding 40 acres in extent, or a single lot in a city or town, and a reasonable fee in case two or more city or town lots are included in the description. The evidence for plaintiff established his absolute ownership of the lots described, and negatived any adverse interest or right therein on the part of the defendant, and also established the tender of the requisite fee with the request for the execution of a quitclaim deed which was offered to defendant for that purpose, and the neglect and refusal of defendant to execute such deed.
1. So far as the decree quieting title in plaintiff is concerned, there is really no controversy between the parties. Plaintiff showed that title to lots 7, 8, and 9 had been acquired by plaintiff from defendant under deeds which in their granting clauses purported to convey only defendant's right, title, and interest in the described premises, but which contained also warrants that defendant held the premises by good and perfect title, had good right and lawful authority to sell and convey the same, that they were free and clear of all liens whatsoever, and that the grantor covenanted to warrant and defend against the lawful claims of all persons whomsoever. The title to lot 6 was made out by proof of the necessary chain of conveyance from the government. It was also shown by plain...
To continue reading
Request your trial
-
Porter v. Title Guaranty & Surety Co.
... ... appellant on that behalf. (11 Cyc. 105, 106; Hurni v ... Sioux City Stock Yds. etc., 138 Iowa 475, 114 N.W. 1074, ... ...
-
Smith v. Scobee
...al. v. Diagonal Coal Company et al., 95 Iowa 551, 64 N.W. 606. There is a presumption of the reasonableness. Hurni v. Sioux City Stock Yards Co., 138 Iowa 475, 114 N.W. 1074, 1076, wherein it is said: 'That the fee of $40 which was allowed was reasonable must be presumed in the absence of a......
-
Forno v. Coyle, 7384.
...such, advisory but not binding upon the court." See, also, State v. Glass, 99 Kan. 159, 160 P. 1145, 1146; Hurni v. Sioux City Stock Yards Co., 138 Iowa, 475, 114 N. W. 1074, 1076; Woodward v. Brown, 119 Cal. 283, 51 P. 2, 542, 63 Am. St. Rep. 108; Hotaling v. Monteith, 128 Cal. 556, 61 P. ......
-
Associated Mfrs. Corporation v. De Jong
...in the absence of an affirmative showing to the contrary, will be presumed to have made a proper allowance. Hurni v. Sioux City Stock Yards Company, 138 Iowa, 475, 114 N. W. 1074. We think, therefore, that the modified award of attorney's fees should be sustained. In view, however, of the f......