Leighton v. Orr
Supreme Court of Iowa
Appeal from Lee District Oourt. The object of tbe first of tlie above actions is to set aside as fraudulent, and because obtained by reason of undue influence, certain conveyances of real estate made by Arthur Wolcott to the defendant. The second to set aside for the same reasons, a will of the said Arthur Wolcott, whereby he devised to the defendant the real estate described in said conveyances.
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Appeal from Lee District Oourt. The object of tbe first of tlie above actions is to set aside as fraudulent, and because obtained by reason of undue influence, certain conveyances of real estate made by Arthur Wolcott to the defendant. The second to set aside for the same reasons, a will of the said Arthur Wolcott, whereby he devised to the defendant the real estate described in said conveyances. The third, to recover a certain sum of money of the defendant, which it is alleged she obtained of said Wolcott, by or through fraudulent means and undue influence. These three causes were submitted…
1Opinion of the Court
Servers, Ch. J.
í practice: causes to*-” °£ gether. This appeal brings before us three separate and distinct causes of action. Two of them being ordinary proceedings or actions at law, and the other arL equable proceeding. The agreement as to the submission of these causes and the trial thereof by the court at the same time and upon the same evidence, so far as material, cannot have the effect to change the law actions into equitable, or the latter into the former. At most, the agreement amounts in this respect to a waiver of a jury in the law actions, and this it was competent for the parties…
2Cases cited3 opinions
- Gilruth v. GilruthSupreme Court of Iowa · 1875
- Ryan Bros. v. AshtonSupreme Court of Iowa · 1876
- Hamilton v. Iowa City National BankSupreme Court of Iowa · 1875
3Cited by28 opinions
- Shipman v. FurnissSupreme Court of Alabama · 1881
- Kirsher v. KirsherSupreme Court of Iowa · 1903
- Lange v. DammierIndiana Supreme Court · 1889
- Sullivan ex rel. Orton v. KenneySupreme Court of Iowa · 1910
- Spargur v. HallSupreme Court of Iowa · 1883
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