Leaver v. Gauss
Supreme Court of Iowa
Appeal from, Plymouth Circuit Court. AotioN to remove a cloud from the plaintiff’s title, and to quiet the same. Tbe plaintiff avers that be is the owner of the real estate in question, but that the defendant makes some claim to it.
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Appeal from, Plymouth Circuit Court. AotioN to remove a cloud from the plaintiff’s title, and to quiet the same. Tbe plaintiff avers that be is the owner of the real estate in question, but that the defendant makes some claim to it. He admits that he and his wife, Heinricke Leaver, executed to the defendant an instrument somewhat in the form of a deed, but he avers, in substance, that it was to take effect only after the death of himself and wife, and that it was, therefore, testamentary in its character, and he now desires to revoke and cancel the same. He sets out a copy of it as an exhibit…
1Opinion of the CourtAdams, J.
The instrument purports to have been executed in consideration of love and affection. The answer avers that it was executed in consideration of the payment by the *316defendant of certain indebtedness due from tbe plaintiff. If sucli fact could properly be pleaded as against tbe instrument, it must be deemed admitted by tbe demurrer. Tbe defendant relies largely upon this fact to support bis position that tbe instrument was not testamentary in its character, but immediately operative and binding upon tbe property. lie insists that tbe instrument, when taken altogether, and especially if construed…
2Cited by38 opinions
- Spencer v. RobbinsIndiana Supreme Court · 1886
- Lewis v. CurnuttSupreme Court of Iowa · 1906
- Kelly v. ParkerIllinois Supreme Court · 1899
- Hunt v. HuntCourt of Appeals of Kentucky · 1904
- Saunders v. SaundersSupreme Court of Iowa · 1901
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