Cullen v. Butterfield
Supreme Court of Iowa
Appeal from Clinton District Court. — William Ti-ieopiiilus, ' Judge. Suit in equity brought by the heirs of Thomas Wilson, deceased, to set aside a conveyance of something like 400 acres, made by said Wilson before his death to defendant, C. A. Butterfield, a son. of Thos. F. Butterfield’s, also deceased. It is claimed that, at the time the conveyance was made, Thos.
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Appeal from Clinton District Court. — William Ti-ieopiiilus, ' Judge. Suit in equity brought by the heirs of Thomas Wilson, deceased, to set aside a conveyance of something like 400 acres, made by said Wilson before his death to defendant, C. A. Butterfield, a son. of Thos. F. Butterfield’s, also deceased. It is claimed that, at the time the conveyance was made, Thos. Wilson was of unsound mind, and incapable mentally of making a deed, and that the deed was not the free will of Wilson, but was brought about by the undue influence of Chas. A. Butterfield and his father. Defendant Butterfield…
1Opinion of the CourtDeemer, J.
1. Mortgages : absolute deed: mortgage or conditional sale. I. The preceding statement sets forth the issues and the decree rendered by the trial court, and it will be observed that the questions on plaintiff’s appeal are :
1. Was Thos. Wilson, now deceased, insane at the time he conveyed the land 1.o defendant, C. A. Butterfield, on September 27th, 1912?
2. Was this conveyance obtained from Wilson by undue influence exercised by defendant or his father, T. F. Butter- • field?
*627If plaintiffs have established these two propositions, they will be entitled to a decree against the defendant C. A.…
2Cases cited6 opinions
- Trice v. ComstockCourt of Appeals for the Eighth Circuit · 1903
- Gebhard v. SattlerSupreme Court of Iowa · 1874
- Hughes v. SheaffSupreme Court of Iowa · 1865
- Bradford v. HelsellSupreme Court of Iowa · 1911
- Richardson v. BarrickSupreme Court of Iowa · 1864
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Gibbons v. GibbonsUtah Supreme Court · 1943
- Hinman v. SageSupreme Court of Iowa · 1928
- Greene v. Bride & Son Construction CompanySupreme Court of Iowa · 1960
- Thomas v. Ogden State BankUtah Supreme Court · 1932
- Eide v. WollesenUnited States Bankruptcy Court, N.D. Iowa · 2006
2 more not listed; retrieve them via the Exa API.