Opinion

Moser v. Thorp Sales Corp.

  • 312 N.W.2d 881
  • 1981 Iowa Sup. LEXIS 1073
Court
Supreme Court of Iowa
Filed
Nov 25, 1981
Status
Published
Author
Uhlenhopp
On the bench
McGiverin, Uhlenhopp, Larson, Vii, Reynoldson, McCormick, Schultz
Cited by
47 cases

finding an individual who was informed by a real estate agent that another party had a claim to ownership of the subject property had “actual notice” so as to defeat individual’s claim of being a bona fide purchaser

How later courts described this case

  • finding an individual who was informed by a real estate agent that another party had a claim to ownership of the subject property had “actual notice” so as to defeat individual’s claim of being a bona fide purchaser
  • finding that the fact the remedy is legal in nature does not automatically take the case out of the purview of the equity court
  • quoting, Loomis v. Cobb, 159 S.W. 305, 308 (Tex. Civ. App. 1913)
  • “When a party claims that he has not been given enough time to gather and submit affidavits in resistance to a motion for summary judgment, it is within the discretion of the trial court whether or not to wait for the affidavits to be furnished.”

Written by the judges who cited it.

The opinion

UHLENHOPP, Justice

(concurring specially).

I concur in the result reached by the court majority and I also concur in the majority opinion except for part of the division relating to soil erosion. I join in Chief Justice Reynoldson’s opinion as to the liability of the Woods for soil erosion, but I concur in the majority holding that the Mosers failed to prove their damages from erosion by substantial evidence.

LARSON, J., joins this special concurrence.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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