Hubbird v. Goin
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Southern District of Iowa. The petition in this case alleges that Flossie E. Hubbird, Ethel Hubbird, Mary Hubbird, and Ora' Hubbird are citizens of the state of Illinois and nonresidents of the state of Iowa; that they are minors under the age of 18 years of age; that by an order of the county court of Macon county, 111., said Elsie Bennett was duly appointed guardian of the estate of said Flossie, Ethel, Mary, and…
Read the full summary
In Error to the Circuit Court of the United States for the Southern District of Iowa. The petition in this case alleges that Flossie E. Hubbird, Ethel Hubbird, Mary Hubbird, and Ora' Hubbird are citizens of the state of Illinois and nonresidents of the state of Iowa; that they are minors under the age of 18 years of age; that by an order of the county court of Macon county, 111., said Elsie Bennett was duly appointed guardian of the estate of said Flossie, Ethel, Mary, and Ora Hubbird, minors, and that said Elsie Bennett was thereafter duly appointed as such- guardian by the district court…
1Opinion of the CourtPhilips, District Judge
Section 2901 of the Iowa Code provides as follows:
“Every disposition of property is void which suspends the absolute power ■of controlling the same for a longer period than during the lives of persons then in being and twenty-one years thereafter.”
In so far, therefore, as the provisions of the deed made by William West to Elmira Hubbird and children undertook to place a restraint upon the power of alienation by the grantee it was inoperative. Even without such statute, any restraint laid upon the power of alienation would contravene common-law right. 4 Kent’s Com. 17. It does not necessarily…
2Cases cited26 opinions
- De Vaughn v. HutchinsonSupreme Court of the United States · 1897
- McGoon v. ScalesSupreme Court of the United States · 1870
- Bodine's Adm'rs v. ArthurCourt of Appeals of Kentucky · 1890
- Wescott v. BinfordSupreme Court of Iowa · 1898
- Jackson ex dem. Ludlow v. MyersNew York Supreme Court · 1808
21 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Armor v. FreySupreme Court of Missouri · 1913
- Westcott v. MeekerSupreme Court of Iowa · 1909
- Rogers v. KinneySupreme Court of Oklahoma · 1926
- Glenn v. GrossSupreme Court of Iowa · 1919
- Ault v. HillyardSupreme Court of Iowa · 1908
4 more not listed; retrieve them via the Exa API.