Snell v. Iowa Homestead Co.

• Court: Iowa Supreme Court
• Writing for the Court: DAY, J.
• Citation: Snell v. Iowa Homestead Co., 59 Iowa 701, 13 N.W. 848 (Iowa 1882)
• Decision Date: 21 October 1882
• Parties: SNELL v. IOWA HOMESTEAD Co

13 N.W. 848

59 Iowa 701

SNELL v. IOWA HOMESTEAD Co

Supreme Court of Iowa, Dubuque

October 21, 1882

Appeal from Buena Vista Circuit Court.

THIS is an action for the breach of covenants in a deed of conveyance of real estate. The cause was tried to the court, and judgment was entered for the plaintiff for $ 1,007.72. The defendant appeals. The facts are stated in the opinion.

REVERSED.

Hubbard Clark & Dawley, for appellant.

Detrick & Snell, for appellee.

OPINION

DAY J.

The cause was submitted to the court below upon an agreed statement, showing the following facts: On the 28th day of November, 1864, the Iowa Homestead Company, in consideration of $ 501.38, conveyed the property in controversy to one Mary Stine. On the 21st day of May, 1866, Mary Stine executed a mortgage upon said property to Thomas Snell to secure the payment of two promissory notes, one for $ 125.25 and the other for $ 328.59, the mortgage containing the following recital: "The intention being to convey hereby an absolute title in fee simple." On the 5th day of November, 1866, Mary Stine, in consideration of $ 3,000 conveyed said land to Jacob Crouse, subject to the mortgage to Thomas Snell. Afterward the property was conveyed to Mary Crouse. The land in controversy is included in the lands granted to the State of Iowa and by the State to the Des Moines Navigation and Railroad Co. The only claim of title the Iowa Homestead Company had to said land at the date of its conveyance to Mary Stine, or at any time thereafter, is under a conveyance from the Dubuque and Pacific Railroad Company. The Supreme Court of the United States, in case of Homestead Co. v. Valley Railroad Company, 84 U.S. 153, 17 Wall. 153, 21 L.Ed. 622, and other cases upon the same state of facts affecting the title as in this case, decided that the Dubuque and Pacific R. R. Co. had nothing at all in said land, and that the same passed to the Des Moines Navigation and Railroad Co. under the grants by Congress to the State of Iowa and the conveyance from said State to said company. Mary Stine at the date of the deed from the Homestead Company to her for said land, took possession thereof, and she and her grantees remained in possession thereof under said conveyance until July 7th, 1875, when Mary Crouse, the last grantee under the conveyance from said Homestead Company, purchased the title thereto through a conveyance from said Des Moines Navigation and Railroad Co. The agreed statement does not show what Mary Crouse paid for the conveyance to perfect her title. The court found for the plaintiff the amount of the note for $ 328.59, with interest compounded at eight per cent, the plaintiff having waived all claim to recover on the other note. The appellant insists that, as the conveyance from Mary Stine and Jacob Crouse was in terms subject to the prior mortgage to Thomas Snell, the subsequent perfecting of the title by Mary Crouse enured to the benefit of Thomas Snell; that his title was then perfected, and there has been no breach in the...