Wilkinson v. Getty
Supreme Court of Iowa
Appeal from Scott District Court. On the 31st of March, 1849, John Getty was the owner in fee of a lot in the city of Davenport. He, on that day, with his wife, Harriet, executed a power of attorney to one Collins, empowering him in their name to sell and convey this lot. Collins sold the property to one Eanson, and afterwards, by deed of October 29, 1850, undertook to convey the same to one Price, the assignee of Eanson. This deed was signed thus: “ Wm.
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Appeal from Scott District Court. On the 31st of March, 1849, John Getty was the owner in fee of a lot in the city of Davenport. He, on that day, with his wife, Harriet, executed a power of attorney to one Collins, empowering him in their name to sell and convey this lot. Collins sold the property to one Eanson, and afterwards, by deed of October 29, 1850, undertook to convey the same to one Price, the assignee of Eanson. This deed was signed thus: “ Wm. S. Collins, Attorney in fact for John Getty.” Price sold to Pages, under whom complainant claims. ■ Getty died in 1858, leaving Harriet…
1Opinion of the CourtWright, J.
This decree must be affirmed. The wife never signed the deed. Nor, (granting that this could avail complainant,) is there any sufficient evidence that she ever intended to, either by her attorney in fact or otherwise. It is not different from the ordinary case, where the husband makes a deed in which the wife does not join. Her dower, in such a case, is not barred by even a superabundance of proof that the. grantee believed and expected that she was signing it; that she was willing to sign it at the time, and would, have done so, if required; nor by evidence that a full consideration was…
2Cases cited1 opinion
- O'Ferrall v. SimplotSupreme Court of Iowa · 1857
3Cited by2 opinions
- Brown v. PhillipsSupreme Court of Rhode Island · 1889
- Heaton v. FrybergerSupreme Court of Iowa · 1874