Legal Opinion

Chidester v. Turnbull

Supreme Court of Iowa

Decided May 21, 1902PublishedCited by 7 opinions

Appeal from Jefferson District Gourt. — Hon.. Frank W. Eichelberger, Judge. Plaintiee brought this action, as guardian of one William Turnbull, to set. aside a conveyance to his son Thomas Turnbull, on the ground that at the time of the execution of the conveyance said William Turnbull was of unsound mind.

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Appeal from Jefferson District Gourt. — Hon.. Frank W. Eichelberger, Judge. Plaintiee brought this action, as guardian of one William Turnbull, to set. aside a conveyance to his son Thomas Turnbull, on the ground that at the time of the execution of the conveyance said William Turnbull was of unsound mind. Before the trial of the case in the lower court, Wil-. liam Turnbull died, and plaintiff was appointed admin irbrator of Ms estate, and as such prosecuted the action to judgment. The decree being for defendant Thomas Turn-bull, the administrator appeals. —

1Opinion of the Court

McClain, J. —

It appears that in 1887 William Turn-bull executed a warranty deed for a farm of 160 acres to his youngest son, Thomas Turnbull, reciting a consideration of $2,500 in hand paid; that no money consideration for the conveyance was paid at the time of the execution of the conveyance, but defendant undertook, in an instrument which has since been lost, to support William Turn-bull and his wife, the stepmother of defendant, during their lives, and that this obligation was fully performed; that subsequently a further obligation to this effect was entered into by defendant, which was…

2Cases cited3 opinions

  1. Mallow v. WalkerSupreme Court of Iowa · 1901
  2. Spargur v. HallSupreme Court of Iowa · 1883
  3. Rider v. KelsoSupreme Court of Iowa · 1880

3Cited by7 opinions

  1. Stonewall v. DanielsonSupreme Court of Iowa · 1928
  2. Albaugh v. ShropeSupreme Court of Iowa · 1924
  3. Steen v. SteenSupreme Court of Iowa · 1915
  4. Hatch v. HatchUtah Supreme Court · 1914
  5. Roller v. RollerSupreme Court of Iowa · 1925

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