Stanley v. Morse
Supreme Court of Iowa
Appeal from Delaware District Court. Action in equity to compel the conveyance by defendant Rachel A. Morse of a certain forty acres of land purchased by defendants for, and the consideration of which was paid with the property of, the plaintiff and her husband. Plaintiff’s husband is now deceased, and she claims to be his sole devisee. Defense, in denial, and the statute of limitations. There was a trial by the first method, and judgment for plaintiff. The defendants appeal.
1Opinion of the CourtCole, J.
1. Evidence : busband and wife. I. The plaintiff took the deposition of the defendant John Morse, who is the husband of the defendant Rachel, and by him proved, very con- . ’ , 1 ’ . ciusively, her whole case, as stated m her petition, except as to the devise. The defendant Rachel A. Morse, who holds the legal title to the land in controversy, objected, in the District Court, to the admission of this testimony of her husband against her. The District Court sustained the objection, and excluded it, *456relying on Revision, section 3983; Russ v. Steamboat War Eagle, 14 Iowa, 364; Sylvester v.…
2Cited by3 opinions
- Dwight v. City of Des MoinesSupreme Court of Iowa · 1916
- Calloway v. CooleySupreme Court of Kansas · 1893
- Tilton v. BaderSupreme Court of Iowa · 1917