Montgomery v. Shockey
Supreme Court of Iowa
Apjpeal from Decatwr District Oowrt. Friday, September 19. Action in equity to set aside a conveyance by plaintiffs to the defendants Nancy and John Shockey of the west half of the north-west quarter of section 23, township 68 north, range 24 west, in Decatur county, executed June 20, 1866. The petition alleges that said defendants claiming to own 80 acres of land in Reynolds county, and 50 acres of land in Ripley county, Missouri, represented to plaintiffs that the 50 acres…
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Apjpeal from Decatwr District Oowrt. Friday, September 19. Action in equity to set aside a conveyance by plaintiffs to the defendants Nancy and John Shockey of the west half of the north-west quarter of section 23, township 68 north, range 24 west, in Decatur county, executed June 20, 1866. The petition alleges that said defendants claiming to own 80 acres of land in Reynolds county, and 50 acres of land in Ripley county, Missouri, represented to plaintiffs that the 50 acres were fenced and in a good state of cultivation, and had a good house, a hewed log barn and a small young orchard…
1Opinion of the CourtDay, J.
^^dxctÍon: fraud. mistake. In the conflicting state of the testimony the caséis not altogether free from doubt, yet from a eareful review of the evidence we think it prepon.favor 0f judgment of the court below.
It is quite satisfactorily established that the two tracts of land are fifty miles apart, and that the fifty acres in Ripley have not, and never have had any improvements thereon, and that said tract is hilly, rocky, and worthless for agricultural purposes.
The weight of the evidence shows also that the defendants Nancy and John Shockey, by their declarations and representations, induced…
2Cases cited1 opinion
- Sweezey v. CollinsSupreme Court of Iowa · 1873
3Cited by8 opinions
- Clapp v. GreenleeSupreme Court of Iowa · 1897
- Fearon Lumber & Veneer Co. v. WilsonWest Virginia Supreme Court · 1902
- Hogueland v. ArtsSupreme Court of Iowa · 1901
- Brett v. Van AukenSupreme Court of Iowa · 1896
- Noecker v. WallingfordSupreme Court of Iowa · 1907
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