Legal Opinion

Gardner v. Early

Supreme Court of Iowa

Decided October 11, 1887PublishedCited by 7 opinions

Appeal from, Woodbury District Court — Hon. O. H. Lewis, Judge. These actions are in equity, and involve the title to 160 acres of land in Woodbury county. The plaintiffs claim to be the owners of tbe whole tract, and the defendant Early and the Blair Town Lot & Land Company each claim to own eighty acres thereof by conveyance from Mary A. Ingalls, who is the daughter-in-law of plaintiffs’ grantor.

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Appeal from, Woodbury District Court — Hon. O. H. Lewis, Judge. These actions are in equity, and involve the title to 160 acres of land in Woodbury county. The plaintiffs claim to be the owners of tbe whole tract, and the defendant Early and the Blair Town Lot & Land Company each claim to own eighty acres thereof by conveyance from Mary A. Ingalls, who is the daughter-in-law of plaintiffs’ grantor. The evidence tended to show that the husband of Mary A. Ingalls was insolvent, and doing business in her name ; that he acted as her agent in all matters pertaining to business ; and that she had…

1Opinion of the CourtRothrock, J.

i deed-fan-tanaeent°pur-through”04106 din of proof, I. The material facts in the case are as follows : David W. Ingalls was the owner of the land in con-tooversy- On the 12th day of August, 1879, he conveyed the same to the plaintiffs herein by warranty deed, and for a named consideration of one dollar. The real consideration for the conveyance arose out of the following facts : Ingalls, at some time prior to the conveyance, had become involved in debts beyond his ability to meet, and plaintiffs indorsed his notes for large sums of money. His property was nearly exhausted, and there yet…

2Cases cited4 opinions

  1. Sillyman v. KingSupreme Court of Iowa · 1873
  2. Lake v. GraySupreme Court of Iowa · 1872
  3. Martin v. BoyceMichigan Supreme Court · 1882
  4. Yourt v. HopkinsIllinois Supreme Court · 1860

3Cited by7 opinions

  1. Benton County Savings Bank of Norway v. BoddickerSupreme Court of Iowa · 1898
  2. Maffet v. Oregon & Cal. RailroadOregon Supreme Court · 1905
  3. Pyeatt v. EstusSupreme Court of Oklahoma · 1916
  4. Minneapolis & St. Louis Railroad v. Chicago, Milwaukee & St. Paul RailroadSupreme Court of Iowa · 1902
  5. Walter v. BrownSupreme Court of Iowa · 1902

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