Swartz v. Andrews
Supreme Court of Iowa
Appeal from Woodbury District Court.— Hon. John F. Oliver, Judge. Action to quiet title to real property, in wbicb plaintiff claims complete title under a warranty deed from N. B. Buxton, reciting the relinquishment of the dower interest of the wife of said Buxton, signed by him in his >own right and as attorney in fact for his wife. Defendants claim under a conveyance by the surviving widow of Buxton of a one-third interest in the property in controversy.
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Appeal from Woodbury District Court.— Hon. John F. Oliver, Judge. Action to quiet title to real property, in wbicb plaintiff claims complete title under a warranty deed from N. B. Buxton, reciting the relinquishment of the dower interest of the wife of said Buxton, signed by him in his >own right and as attorney in fact for his wife. Defendants claim under a conveyance by the surviving widow of Buxton of a one-third interest in the property in controversy. There was a decree for the defendants establishing the interests claimed by them, and the plaintiff appeals.
1Opinion of the Court
McClain, J. —
In March, 1886, Anna F. Buxton, by written instrument duly signed and acknowledged, appointed her husband, N. B. Buxton, to be “ her true and lawful attorney ... to grant, bargain, sell, and convey any real estate in whatever State or territory situated . . . which I own or hereafter acquire, or any interest therein, including my dower, homestead, or any other interest as the wife of said N. B. Buxton in and to any real estate wherever situated now owned or hereafter acquired by the said N. B. Buxton.” In April, 1888, said N. B. Buxton, being the owner of the land in controversy,…
2Cases cited16 opinions
- Watson v. MercerSupreme Court of the United States · 1834
- Foster v. President of the Essex BankMassachusetts Supreme Judicial Court · 1819
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- Bottorff v. LewisSupreme Court of Iowa · 1903
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