BARTELS v. HENNESSEY BROTHERS, INC.

No. 53159.

164 N.W.2d 87 (1969)

Russell H. BARTELS and Edward Chester, Appellees, v. HENNESSEY BROTHERS, INC., Defendant-Appellant, M. J. Hennessey Construction Company, Defendant-Appellee.

Supreme Court of Iowa.

January 14, 1969.


Attorney(s) appearing for the Case

Thomas H. Pirnie, of Barnes, Wadsworth, Elderkin, Locher & Pirnie, Cedar Rapids, for appellant.

James R. Snyder, of Simmons, Perrine, Albright & Ellwood, Cedar Rapids, for appellees.

A. F. Craig, Jr., Independence, for defendant-appellee.


RAWLINGS, Justice.

In quiet title action plaintiffs, Russell H. Bartels and Edward Chester, as subsequent grantees, alleged a prior deed from M. J. Hennessey Construction Company, grantor, to Hennessey Brothers, Inc., first grantee, having been corrected as to property description prior to final indexing and recording, without re-execution, re-acknowledgment and re-delivery, was a nullity and thereby accorded them no constructive notice.

Upon the basis of...

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