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KANE v. CAMPISANO

No. 51041.

124 N.W.2d 172 (1963)

Matthew J. KANE, Appellant, v. Nellie CAMPISANO, also known as Ellen B. Campisano and Frank Campisano, her husband, Margaret Kane and her heirs, devisees, grantees or successors in interest, James Kane and Marie Kane, his wife, Gene Kane and Mary Kane, his wife, Leona Kane Carlisle and Robert Carlisle, her husband, Gertrude Kane Cain and Hugh F. Cain, her husband, Appellees.

Supreme Court of Iowa.

October 15, 1963.

Attorney(s) appearing for the Case

Charles H. Barlow and Robert F. Culver, Emmetsburg, for appellant.

Daniel D. Sanderson, Estherville, Pendleton & Pendleton, Storm Lake, and Burt & Prichard, Emmetsburg, for appellees.

SNELL, Justice.

This is an action in equity to quiet title to a farm in Palo Alto County. Defendants cross-petition asking that title be quieted in them. Cross-petitioners also ask judgment for rent.

The real issue is whether there was a valid delivery of a deed executed in 1939 but not discovered by the present litigants until 1960 or 1961. The principal litigants are the sons and daughters of Bridget E. Kane, deceased.

Time and the death of those...

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