Legal Opinion

Day v. Lown

Supreme Court of Iowa

Decided June 10, 1879PublishedCited by 28 opinions

Appeal from'Jackson District Cowrt. Action in equity to set aside a deed executed by the plaintiff whereby he conveyed certain real estate to the defendant Joseph Lown. There'was a decree granting the relief asked. The defendants appeal.

1Opinion of the CourtSeevers, J.

— In November, 1873, the plaintiff conveyed to the defendant Lown, by warranty deed, the real estate in controversy, the expressed consideration being one thousand five hundred dollars. In November, 1878, Lown conveyed the premises to his co-defendants, Spencer and Knettle.

The conveyance to Lown is sought to be set aside on the following grounds : First, there was no consideration; ''second, it was temporary, and it was agreed the premises should be reconveyed to the plaintiff whenever he should request it; *365third, the plaintiff was of weak mind and imbecile; and,fourth, it was procured…

2Cases cited2 opinions

  1. Dearman v. DearmanSupreme Court of Alabama · 1842
  2. Hook v. MowreSupreme Court of Iowa · 1864

3Cited by28 opinions

  1. McNight v. ParsonsSupreme Court of Iowa · 1907
  2. Brisbin v. HuntingtonSupreme Court of Iowa · 1905
  3. MacRae v. MacRaeArizona Supreme Court · 1930
  4. Rivera v. White, GuardianTexas Supreme Court · 1901
  5. Hanscom v. IrwinOregon Supreme Court · 1949

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