Gebhard v. Sattler
Supreme Court of Iowa
Appeal from Des Moines District Court. Tub petition of plaintiffs represents that they are tbe heirs at law of one John Gebhard, who died seized of lot 943 D in the city of Burlington.
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Appeal from Des Moines District Court. Tub petition of plaintiffs represents that they are tbe heirs at law of one John Gebhard, who died seized of lot 943 D in the city of Burlington. That after the decease of their ancestor, the real estate mentioned was sold by defendant Spiegel upon a deed of trust, executed by John Gebhard, to secure a promissory note made by him to defendant Sattler for the sum of $1000. The note and deed of trust bore date February 22, 1859. Gebhard died July 30, 1861, and the petition alleges that, “with indecent haste,” within one month thereafter, the trustee sold…
1Opinion of the CourtBeck, J.
I. It is first insisted by the appellants that John Gebliard did not die seized of the real estate in controversy, and it does not, therefore, descendió his heirs; they cannot, therefore, maintain this action.
The deed from John to Joseph Gebhardt failed to describe the lot in question, and for that reason does not convey due i. equity: deed. legal title. But itis said the misdescription resulted through mistake, and equity will reform the deed so as to make it conform to the intention of the parties. The answer to this position is found in the fact that the deed from John to Joseph was…
2Cases cited5 opinions
- Bunce v. ReedNew York Supreme Court · 1853
- Jackson ex dem. Rogers v. ClarkNew York Supreme Court · 1810
- Peters v. JonesSupreme Court of Iowa · 1872
- Holland v. HensleySupreme Court of Iowa · 1856
- Baldridge v. WaltonSupreme Court of Missouri · 1825
3Cited by29 opinions
- Black v. BlackSupreme Court of Kansas · 1902
- Ziska v. ZiskaSupreme Court of Oklahoma · 1908
- Ogg v. RobbSupreme Court of Iowa · 1917
- Fawcett v. FawcettWisconsin Supreme Court · 1893
- Mickel v. WalravenSupreme Court of Iowa · 1894
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