Hall v. Kary
Supreme Court of Iowa
Appeal from Polk District Court.— Hon. W. H. McHenry, Judge. Action to cancel and set aside as invalid a pretended conveyance, under which the defendant Cordelia I. Kary claims to hold title to property belonging to plaintiff, and to enjoin and restrain defendants from taking possession of the premises described in such conveyance, and for damages.
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Appeal from Polk District Court.— Hon. W. H. McHenry, Judge. Action to cancel and set aside as invalid a pretended conveyance, under which the defendant Cordelia I. Kary claims to hold title to property belonging to plaintiff, and to enjoin and restrain defendants from taking possession of the premises described in such conveyance, and for damages. The court on motion struck from plaintiff’s petition the al-. legation as to damages, and on a trial of the issues raised by a general denial of the allegations of plaintiff’s petition, and after allowing defendants subsequently to the trial to…
1Opinion of the CourtMcClain, C. J.
'Although this action was tried below in equity, and the case is therefore triable here de novo, the appellant relies upon errors of law as well as upon the claim that a different result should have been reached on the merits.
*4671 pleadings-instruments -°f damages. The errors of law relied upon will be first briefly considered. It is claimed that the court erred in striking from the petition the allegations as to damages. But the action1 was cancel an(l se^ aside a pretended conveyance, and the granting of this relief did not involve any allowance of damages. No facts being alleged, entitling…
2Cases cited4 opinions
- Swartz v. BallouSupreme Court of Iowa · 1877
- Logan v. MillerSupreme Court of Iowa · 1898
- McClain v. McClainSupreme Court of Iowa · 1879
- McCleery v. WakefieldSupreme Court of Iowa · 1889
3Cited by17 opinions
- Board of Education v. HughesSupreme Court of Minnesota · 1912
- Guthrie v. FieldSupreme Court of Kansas · 1911
- Clemmons v. McGeerWashington Supreme Court · 1911
- Harth v. PollockOregon Supreme Court · 1920
- Kindred v. CrosbySupreme Court of Iowa · 1959
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