Ensminger v. Ensminger
Supreme Court of Iowa
Appeal from Warren District Court. — Hoít. J. H. Heedebsow, Judge. ActioN in equity to determine the ownership of real estate. There was a judgment for defendants, and plaintiff appeals.
1Opinion of the CourtSeevers, C. J.
—The proper title of record to the real estate in controversy is in the heirs of H. C. Ensminger, deceased. The plaintiff claims that the property in fact belongs to him, and he has introduced evidence tending to establish such fact as he claims. The settled rule is that evidence to establish that a deed absolute on its face was intended to be a mortgage, or that the real estate described therein belongs in fact to some other person than the grantee, must be clear, satisfactory and conclusive, and not made up of loose and random statements. Corbit v. Smith, 7 Iowa, 60 ; Kibby v. Harsh, 61…
2Cases cited5 opinions
- Corbit v. SmithSupreme Court of Iowa · 1858
- Kibby v. HarshSupreme Court of Iowa · 1883
- Knight v. McCordSupreme Court of Iowa · 1884
- Nelson v. WorrallSupreme Court of Iowa · 1866
- Monroe v. GravesSupreme Court of Iowa · 1867
3Cited by2 opinions
- Jasper v. HazenNorth Dakota Supreme Court · 1894
- Reusch v. ShaferSupreme Court of Iowa · 1950