Legal Opinion

Prouty v. Edgar

Supreme Court of Iowa

Decided June 22, 1858PublishedCited by 4 opinions

Appeal from the Mahaska District (Jowrt. Bill in chancery to set aside a conveyance of real estate, on the ground that it was obtained by fraud and duress.

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Appeal from the Mahaska District (Jowrt. Bill in chancery to set aside a conveyance of real estate, on the ground that it was obtained by fraud and duress. The petition alleges, that in the year 1850, the complainant purchased with his own money, and for his own use and benefit, the said real estate, describing it; that he received a certificate of location, which he has since lost; that about the time he entered said land, there was a great excitement in the neighborhood in relation to entering lands upon which persons had claims ; that the respondent took advantage of said excitement, and…

1Opinion of the Court

Stockton, J.*

— There is no evidence that the complainant was compelled to execute the deed of conveyance to defendant, by force or duress, or that it was obtained from him by any fraud, covin or misrepresentation. The allegations of the petition in these particulars, are wholly denied by the answer, and are not sustained by the evidence.

If complainant was an infant at the time of executing the deed, of which fact some doubt may be entertained, upon an examination of the whole testimony, there can be no doubt that he represented himself at the time, to be of full age, and that defendant, from…

2Cases cited1 opinion

  1. Elliott v. HornSupreme Court of Alabama · 1846

3Cited by4 opinions

  1. Nordholt v. NordholtCalifornia Supreme Court · 1891
  2. Fulton v. JohnsonWest Virginia Supreme Court · 1884
  3. Des Moines Insurance v. McIntireSupreme Court of Iowa · 1896
  4. Schmidt v. HortonNevada Supreme Court · 1930

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