Clark v. Lee
Supreme Court of Iowa
Appeal from Johnson District Court. In April, 1850, complainant being about to leave his home in this State for California, made to his brother-in-law, the respondent, F. H. Lee, a power of attorney, authorizing him to lease, rent, mortgage, or sell certain lands therein described, and owned by him, and to generally take charge of his business, and to do and perform all matters and things in the same manner as complainant would ' or could do if personally present.
Read the full summary
Appeal from Johnson District Court. In April, 1850, complainant being about to leave his home in this State for California, made to his brother-in-law, the respondent, F. H. Lee, a power of attorney, authorizing him to lease, rent, mortgage, or sell certain lands therein described, and owned by him, and to generally take charge of his business, and to do and perform all matters and things in the same manner as complainant would ' or could do if personally present. Under this power the attorney sold a part of tbe land, mortgaged other parts, received rents and collected debts due, and paid the…
1Opinion of the CourtWeight, J.
The pleadings and testimony clearly warranted the referees in finding, as they did, the following facts: 1. That Clark was the owner in fee of the lands described in the power of attorney, including that conveyed by F. H. Lee to his wife. 2. That the power of attorney was made by Clark to enable Lee to lease, rent, sell or mortgage said lands, to raise money to discharge and pay any just debts of said Clark or liens on said land. 3. That Lee made the deed to his wife as charged, for his own use and benefit, and without consideration, and therefore fraudulently as to said complainant. And as a…
2Cited by2 opinions
- Sypher v. McHenrySupreme Court of Iowa · 1865
- Girardey v. GirardeySupreme Court of Kansas · 1917