Dull v. Blackman

Citations

• 169 U.S. 243
• 18 S. Ct. 333
• 42 L. Ed. 733
• 1898 U.S. LEXIS 1488

Syllabus

<p>On June 25, 1889, plaintiff in error, Daniel Dull, being the owner of tlie tract of land in controversy, conveyed tlie same by warranty deed executed by himself and wife to John E. Blackman. Blackman, on August 2, 1889,-made a deed of the same land to George F. Wright as security for moneys'to be advanced- by Wright. On the 29th of February, 1892, Blackman commenced this suit in the District Court of Pottawattamie County, Iowa, to compel a reconveyance by Wright on the ground of his failure to advance any money. Prior, thereto, and on January 30, 1892, Blackman had executed a deed of the land to Edward Phelan, which conveyance was at- first conditional but by agreement signed by the parties on September 15, 1892, was made absolute. On the 17th of September, 1892, Phelan filed his petition of intervention, setting forth his rights in the matter under the deed of January 30 and the agreement of September 15, and also making plaintiffs in error and others defendants, alleging that they claimed certain interests in the property, and praying a decree quieting his title 'as against all. On January 21,1893, plaintiff’s counsel withdrew his appearance for Blackman, and, upon his application, was allowed to prosecute the action in the name of Blackman for and in behalf of Phelan, the intervenor. On February 2, 1893, the plaintiffs in error appeared in the suit and filed an answer denying all the allegations in plaintiff's petition aud in the petition of intervention. On the 15th of that month they filed an amended answer and a cross petition, in which they set up that Blackman had obtained his deed from them by certain false representations, and that a suit was pending in the Supreme Court of the State of New York, in which Daniel Dull was plaintiff, and Blackman, Wright, Phelan and others were defendants, in which the same issues were made and the same relief sought as in the case at bar. On May 29 they filed an amendment to their answer and cross petition setting forth