Deford v. Mercer
Supreme Court of Iowa
Appeal from Polk District Court. Guardian’s sale : equitable estoppel erom receipt oe PURCHASE-MONEY BY WARD: CORRECTION OE DEED, ETC.The plaintiffs are the heirs at law, and the assignees of such heirs, of Hugh Pursley, deceased. The present petition, which is in equity, was filed June 30,1863. Plaintiffs claim the title to the south-west quarter of the northeast quarter of sec. 5, township Y8, range 21, of which the said Hugh was the owner at the time of his death.
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Appeal from Polk District Court. Guardian’s sale : equitable estoppel erom receipt oe PURCHASE-MONEY BY WARD: CORRECTION OE DEED, ETC.The plaintiffs are the heirs at law, and the assignees of such heirs, of Hugh Pursley, deceased. The present petition, which is in equity, was filed June 30,1863. Plaintiffs claim the title to the south-west quarter of the northeast quarter of sec. 5, township Y8, range 21, of which the said Hugh was the owner at the time of his death. It is material to state that the petition sets up that the said property was sold by J. O. Jones as guardian of the minor heirs…
1Opinion of the Court
Dillon, Ch. J.
1. guardiah’s tion of misciepresumption. It is not necessary to discuss or examine any questions respecting the guardian’s sale, which were decided in the case of Pursley v. Hays (22 Iowa, 11). That case was very elaborately ax-gued axid deliberately considered. Under the course of decision in this State respecting administrators’ and guardians’ sales, it was held that the sale by Jones, as guardian, was valid, as against the various objections in that case made against it. This cause has reference to another tract of land of which the said Hugh Pursley, deceased, was, at the…
2Cases cited5 opinions
- Adlum v. YardSupreme Court of Pennsylvania · 1829
- Pursley v. HayesSupreme Court of Iowa · 1867
- Stroble v. SmithSupreme Court of Pennsylvania · 1839
- Pursley v. HaysSupreme Court of Iowa · 1864
- Wilson v. BiggerSupreme Court of Pennsylvania · 1844
3Cited by28 opinions
- Williamson v. JonesWest Virginia Supreme Court · 1894
- Garbutt v. MayoSupreme Court of Georgia · 1907
- Ions v. HarbisonCalifornia Supreme Court · 1896
- Test v. LarshIndiana Supreme Court · 1881
- Fallon v. WorthingtonSupreme Court of Colorado · 1889
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