McDonald v. Bayard Savings Bank
Supreme Court of Iowa
Appeal from Guthrie District ■Court. — Hon. James D. Gamble, Judge. Suit in equity to quiet the title to the east half of section 6, township 81 north, of range 32 west of the fifth P. M., in Guthrie county. For some time prior to and at the time of his death, Patrick McDonald, the father of the plaintiffs and the defendant Michael McDonald, was the owner of this land.
Read the full summary
Appeal from Guthrie District ■Court. — Hon. James D. Gamble, Judge. Suit in equity to quiet the title to the east half of section 6, township 81 north, of range 32 west of the fifth P. M., in Guthrie county. For some time prior to and at the time of his death, Patrick McDonald, the father of the plaintiffs and the defendant Michael McDonald, was the owner of this land. On the 18th day of August, 1890, he made a will giving all of his estate to his wife, Ann McDonald, for life, and providing therein for his son James after her death, as follows: ■ “My son, James McDonald, to have the northeast…
1Opinion of the CourtSherwin, J.
i. contingent oñvey-der: anee of. It is suggested by the appellees that the will falls within the rule in Shelley's Case, and passed to James McDonald -an absolute title to the land. This point is not insisted upon, however, and we do not find it neces•sary to determine it in disposing of the case. The controlling question presented for our determination by the arguments of counsel is the effect of the quitclaim deed executed’ and delivered to James McDonald by the widow of the testator, Patrick McDonald, and by the plaintiffs in this suit, his children. This deed covered the whole of the…
2Cases cited12 opinions
- Jackson ex dem. Varick v. WaldronCourt for the Trial of Impeachments and Correction of Errors · 1834
- Taylor v. TaylorSupreme Court of Iowa · 1902
- Faulkner v. DavisSupreme Court of Virginia · 1868
- Godman v. SimmonsSupreme Court of Missouri · 1892
- Miller v. . EmansNew York Court of Appeals · 1859
7 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Caruthers v. LeonardTexas Commission of Appeals · 1923
- Gray v. Union Trust Co.California Supreme Court · 1915
- Henkel v. AuchstetterSupreme Court of Iowa · 1949
- Lane v. Travelers InsuranceSupreme Court of Iowa · 1941
- Burch v. NicholsonSupreme Court of Iowa · 1912
20 more not listed; retrieve them via the Exa API.