Winkler v. Miller

• Decision Date: 06 October 1880
• Citation: 6 N.W. 698,54 Iowa 476
• Parties: WINKLER v. MILLER ET AL
• Court: Iowa Supreme Court

6 N.W. 698

54 Iowa 476

WINKLER v. MILLER ET AL

Supreme Court of Iowa, Des Moines

October 6, 1880

Appeal from Lucas Circuit Court.

ACTION to recover eighty acres of land and to redeem the same from tax sale. The land is in the possession of the defendant Miller, who alone defends. He files a cross-bill asking that his title be quieted, and in case such relief is denied that he be allowed for taxes paid and improvements.

Both plaintiff and defendant Miller claim through one George Stuart, who was first purchaser from the government.

George Stuart sold to Joseph Stuart, assigning to him his certificate of entry. Joseph Stuart sold and conveyed to one Raymond, and Raymond sold and conveyed to Ellen J. Winkler the plaintiff's mother, who is now dead. The plaintiff claims through her as heir.

The defendant claims through a tax deed executed to one Dow, in 1867. He also claims through a quitclaim deed, executed by George Stuart to one Woodward.

The court entered a decree in favor of plaintiff for the title to the land, and in favor of the defendant Miller, for $ 328.93 for taxes, and $ 166.60 for improvements. The defendant Miller appeals.

REVERSED.

Stuart Bros. and Thorpe & Sons, for appellant.

J. N McClanahan, for appellee.

OPINION

ADAMS, CH. J.

If the defendant's title derived through Woodward is valid, it is immaterial whether his tax title is valid or not. George Stuart, after his conveyance to Joseph Stuart (which did not appear of record), quitclaimed to Woodward. The defendant Miller holds under Woodward by deed of warranty. Woodward, who derived title by quitclaim deed, could not be deemed a bona fide purchaser without notice. Springer et al v. Bartle, 46 Iowa 688. The plaintiff contends that as the defendant holds through the quitclaim deed to Woodward, though directly under a deed of warranty, he cannot be deemed a bona fide purchaser without notice. The question presented has not been determined in this State.

Where a person purchases of another who is willing to give only a quitclaim deed, he may properly enough be regarded as bound to inquire and ascertain at his peril what outstanding equities exist, if any. His grantor virtually declares to him that he will not warrant the title even as against himself, and it may be presumed that the purchase-price is fixed accordingly. But the case is somewhat different if the person who has thus purchased by quitclaim deed sells,...