Fulmer v. Fulmer
Supreme Court of Iowa
Appeal from the Dubuque District Court. This is an action in equity to declare an absolute deed to be but a mortgage, , that the mortgage debt is paid, and to compel a conveyance of title to the plaintiff Charlotte. There was a decree in the District Court for the plaintiff, and defendant appeals.
1Opinion of the CourtCole, J.
The claim set up by the plaintiff in the original petition, was that the plaintiff, Charlotte Fulmer, purchased the lot in controversy, and paid for the same, but borrowed seventy dollars of the purchase-money of the defendant, Henry Fulmer, and for the purpose of securing its repayment to him, the vendor, with plaintiff’s consent, made the deed to the defendant; that the seventy dollars has been paid by plaintiff, and defendant refuses to convey. This claim was denied by defendant, and he averred that he purchased the lot himself, paid for it with his own money and that it was his property.
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2Cases cited2 opinions
- Seevers v. HamiltonSupreme Court of Iowa · 1860
- Colden & Co. v. ColeSupreme Court of Iowa · 1865
3Cited by5 opinions
- Smith v. HowardSupreme Court of Iowa · 1869
- State v. MillerSupreme Court of Iowa · 1904
- Guyer v. Minnesota Thresher Manufacturing Co.Supreme Court of Iowa · 1896
- Brownlee v. Marion CountySupreme Court of Iowa · 1880
- State v. WilliamsSupreme Court of Iowa · 1923