39 Iowa 601 | Iowa | 1874
If he was the sole owner of all the lots in fee, he should have declared the same, and instead of asking partition, he should have demanded, if necessary, that his title to .the whole be confirmed and quieted. But now we have the action.of a competent court, in a case in which the present plaintiff, and the ancestor of defendants, were parties, involving the subject matter of this suit, in which it was regularly adjudicated that this plaintiff is the owner of the lots in controversy. This judgment must estop William Montgomery and those claiming under him, from asserting a claim to this property under any chain of title which he held at the time the partition suit ■was commenced. This view is conclusive against any title which may be claimed under the marshal’s deeds.
- Inasmuch .as William Montgomery was, at least equally with
A decree will be entered quieting plaintiff’s title to the lots which were assigned to her by the partition judgment, and barring any claim of defendants under the tax deeds mentioned. Decree may be entered in this Court if desired.
Reversed.