Manatt v. Starr
Supreme Court of Iowa
Appeal from Washington District Court — -HoN. -J. K. JohNSON, Judge. Action in chancery to correct a mistake in a mortgage which shows the conveyance of a tract of land other than the one intended to be described and conveyed. The final decree denied the relief prayed for by plaintiff. The plaintiff and the Iowa State University, defendant, the mortgagee, appeal.
1Opinion of the CourtBeck, J.
I. In 1858, Robert Brown owned three forty-acre tracts of land which are so situated that they make together a tract 240 rods long and 80 rods wide, the length being east and west. The three forties constitute a tract three forties in length, from east to west, and one forty broad. At that date he conveyed the east forty to one Grarver, who subsequently conveyed it to defendant Starr ; and soon after this conveyance Brown executed a mortgage -to the state university, to secure $400 borrowed money, conveying the west forty and also the east forty, which had before been conveyed by him as just…
2Cited by8 opinions
- State v. CarrCourt of Appeals for the Eighth Circuit · 1911
- Bottorff v. LewisSupreme Court of Iowa · 1903
- Fennelly v. A-1 MacHine & Tool Co.Supreme Court of Iowa · 2006
- In Re Estate of PeersSupreme Court of Iowa · 1944
- McClure-Mabie Lumber Co. v. BrooksWest Virginia Supreme Court · 1899
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