Lake v. Gray
Supreme Court of Iowa
Appeal from Glvnton District Court. The petition in this case was filed, originally, for the purpose of having an alleged mistake, in a deed from Eunice N. Gray to Joseph Willis, and the same mistake in a deed, from Willis to plaintiffs, corrected, and for an injunction against Mrs. Gray restraining her from interfering with, or disturbing, the plaintiffs in respect to the possession- of the premises intended to have been conveyed, or making any claim of title thereto, and…
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Appeal from Glvnton District Court. The petition in this case was filed, originally, for the purpose of having an alleged mistake, in a deed from Eunice N. Gray to Joseph Willis, and the same mistake in a deed, from Willis to plaintiffs, corrected, and for an injunction against Mrs. Gray restraining her from interfering with, or disturbing, the plaintiffs in respect to the possession- of the premises intended to have been conveyed, or making any claim of title thereto, and for general relief. To this petition the defendant Eunice N. Gray demurred. The demurrer was overruled, and judgment…
1Opinion of the CourtMiller, J.
I. TJpon the cause being remanded to the district court, it stood there in the same position as it would had there never been any mistake in the deeds. That mistake had been corrected, and the cause stood as if plaintiffs had brought their action upon the other causes alleged in their petition, and to obtain the other relief prayed. The defendant Eunice N. Gray was allowed to make any defenses which she had, whether legal or equitable, to the claims of plaintiffs upon the deed as corrected. The order of this court remanding the cause .did not even restrict her to defenses. She was at liberty…
2Cited by2 opinions
- Teget v. LambachSupreme Court of Iowa · 1939
- Hunt v. SeymourSupreme Court of Iowa · 1888