Heaton v. Fryberger
Supreme Court of Iowa
Mpjoeal from Muscatine District Court. Action of right. The land in controversy was purchased of the United States, by Peter Fryberger, May 22, 1839. On the 29th day of April, 1853, by deed of general warranty, he conveyed the same to his daughter Rebecca Heaton, wife of Silas Heaton. Rebecca Heaton died in 1857, and Silas in 1869. Plaintiffs are the children of Rebecca and Silas Heaton, and claim the premises as heirs of their mother.
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Mpjoeal from Muscatine District Court. Action of right. The land in controversy was purchased of the United States, by Peter Fryberger, May 22, 1839. On the 29th day of April, 1853, by deed of general warranty, he conveyed the same to his daughter Rebecca Heaton, wife of Silas Heaton. Rebecca Heaton died in 1857, and Silas in 1869. Plaintiffs are the children of Rebecca and Silas Heaton, and claim the premises as heirs of their mother. The defendant by way of equitable answer alleges that he purchased the premises from Rebecca and Silas Heaton in 1845, under a warranty deed; that his grantors…
1Opinion of the CourtDay, J.
— The defendant testified that Eebecca Heaton was his sister; that he purchased the land in controversy in 1844 or 1845, and paid therefor $100; that His father gave said land to Eebecca prior to his purchase thereof, and that the understanding was that he was to make them a deed; that the understanding was that he was to have the whole land, and a good title and warranty deed, and he'always supposed he had such a deed until September, 1869, and that he knew of no reason why it was not such, unless it was by mistake made in the form in which it was executed; that he went into possession in…
2Cases cited8 opinions
- Catlin v. WareMassachusetts Supreme Judicial Court · 1812
- O'Ferrall v. SimplotSupreme Court of Iowa · 1857
- Lessee of Watson v. BaileySupreme Court of Pennsylvania · 1808
- Grapengether v. FejervarySupreme Court of Iowa · 1859
- Sharp v. BaileySupreme Court of Iowa · 1862
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Jennings v. SchmitzSupreme Court of Iowa · 1945
- Huff v. CrawfordTexas Supreme Court · 1895
- Lutz v. KellySupreme Court of Iowa · 1877
- Weaver v. CarpenterSupreme Court of Iowa · 1876
- Tremaine v. WeatherbySupreme Court of Iowa · 1882
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