Heaton v. Fryberger
Supreme Court of Iowa
Mpjoeal from Muscatine District Court. Action of right. The land in controversy was purchased of the United States, by Peter Fryberger, May 22, 1839. On the 29th day of April, 1853, by deed of general warranty, he conveyed the same to his daughter Rebecca Heaton, wife of Silas Heaton. Rebecca Heaton died in 1857, and Silas in 1869. Plaintiffs are the children of Rebecca and Silas Heaton, and claim the premises as heirs of their mother.
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Mpjoeal from Muscatine District Court. Action of right. The land in controversy was purchased of the United States, by Peter Fryberger, May 22, 1839. On the 29th day of April, 1853, by deed of general warranty, he conveyed the same to his daughter Rebecca Heaton, wife of Silas Heaton. Rebecca Heaton died in 1857, and Silas in 1869. Plaintiffs are the children of Rebecca and Silas Heaton, and claim the premises as heirs of their mother. The defendant by way of equitable answer alleges that he purchased the premises from Rebecca and Silas Heaton in 1845, under a warranty deed; that his grantors…
1Dissent
Cole, J.,
dissenting. — The original opinion of the majority, in this case, was based upon the points made by counsel in the canse; and. it held that the court could not correct the error in the deed. The following dissenting opinion was prepared to file in connection with that original opinion. The point that the acknowledgment was defective was never made by counsel, either in the court below, or in this court. The concluding paragraph of this dissenting opinion, presents my views upon that question. There is no controversy respecting the real facts of the case. In this opinion some of the-…
2Cases cited34 opinions
- Catlin v. WareMassachusetts Supreme Judicial Court · 1812
- Martin v. DwellyCourt for the Trial of Impeachments and Correction of Errors · 1830
- O'Ferrall v. SimplotSupreme Court of Iowa · 1857
- State v. GroomeSupreme Court of Iowa · 1860
- Lessee of Watson v. BaileySupreme Court of Pennsylvania · 1808
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