McGinnis v. Hunt
Supreme Court of Iowa
Appeal from Des Moines District Court. It is averred in the petition that the plaintiff was the owner of certain real estate in the city of Burlington, Iowa, and that in the month of Nov., 1867, the defendant, Hunt, by certain false and fraudulent representations concerning said property, persuaded and induced plaintiff to make and execute to him a deed therefor, for a very small and inadequate consideration; that plaintiff’ never learned nor was informed of the frauds so…
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Appeal from Des Moines District Court. It is averred in the petition that the plaintiff was the owner of certain real estate in the city of Burlington, Iowa, and that in the month of Nov., 1867, the defendant, Hunt, by certain false and fraudulent representations concerning said property, persuaded and induced plaintiff to make and execute to him a deed therefor, for a very small and inadequate consideration; that plaintiff’ never learned nor was informed of the frauds so practiced upon her, and the wrongs done to her, until the month of October, 1875; that plaintiff has been damaged by said…
1Opinion of the Court
Eothbook, Ch. J.
i..statute of relief on the fraud” ° I. Sub. 3 of Sec. 2740, of the Eevision of 1860, provided that actions “founded on unwritten contracts, those brought for injuries to property or for relief on the ground of fraud, in cases heretofore solely cogpizable in a court of chancery,” must be brought within five years after the cause of action accrued.
Sec. 2741 provided that “in actions for relief on the ground of fraud, as above contemplated, the cause of action will not be deemed to have accrued until the discovery of the fraud by the party aggrieved.”
It was held in Relf v.…
2Cases cited4 opinions
- Gebhard v. SattlerSupreme Court of Iowa · 1874
- Relf v. EberlySupreme Court of Iowa · 1867
- Brown v. BrownSupreme Court of Iowa · 1876
- Higgins v. MendenhallSupreme Court of Iowa · 1876
3Cited by11 opinions
- Ogg v. RobbSupreme Court of Iowa · 1917
- Higbee v. WalshSupreme Court of Iowa · 1940
- Smith v. Middle States Utilities Co. of DelawareSupreme Court of Iowa · 1937
- Birks v. McNeillSupreme Court of Iowa · 1919
- Gamet v. HaasSupreme Court of Iowa · 1914
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