Bolton v. Owen

Supreme Court of Iowa

Bolton v. Owen

26 N.W. 89, 68 Iowa 230

CourtSupreme Court of Iowa

DecidedDecember 21, 1885

StatusPublished

Cited by1 cases

This text of 26 N.W. 89 (Bolton v. Owen) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bolton v. Owen, 26 N.W. 89, 68 Iowa 230 (iowa 1885).

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Opinion

Adams, J.

The answer contained a denial that the plaintiff was a junior lienholder, and the demurrer admitted such fact. Without being a junior lienholder he had no right to redeem. The plaintiff, however, insists that his payment of the money for redemption, and acceptance of the [231]*231same by tbe defendant, should be held to estop the defendant from denying his right to redeem. But the fact of the redemption by plaintiff, and acceptance of the money by defendant, was denied. We think that the demurrer was rightly overruled.

Affirmed.

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Adams, J.

The answer contained a denial that the plaintiff was a junior lienholder, and the demurrer admitted such fact. Without being a junior lienholder he had no right to redeem. The plaintiff, however, insists that his payment of the money for redemption, and acceptance of the [231]*231same by tbe defendant, should be held to estop the defendant from denying his right to redeem. But the fact of the redemption by plaintiff, and acceptance of the money by defendant, was denied. We think that the demurrer was rightly overruled.

Affirmed.

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Bluebook (online)

26 N.W. 89, 68 Iowa 230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bolton-v-owen-iowa-1885.

Opinion

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