Else v. Kennedy
Supreme Court of Iowa
Appeal from Mahaska Circuit Court. Plaintiffs brought this action to quiet in each of them the title to one-sixth of a certain tract of land. They claim as heirs at law of Elizabeth Else, deceased, who was their mother, and they allege that defendant, who is their sister, claims the whole of the premises under a certain deed to which their mother’s name was signed before her death, and ■which has been placed of record since she died.
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Appeal from Mahaska Circuit Court. Plaintiffs brought this action to quiet in each of them the title to one-sixth of a certain tract of land. They claim as heirs at law of Elizabeth Else, deceased, who was their mother, and they allege that defendant, who is their sister, claims the whole of the premises under a certain deed to which their mother’s name was signed before her death, and ■which has been placed of record since she died. They allege that said deed was obtained by defendant without consideration and by undue influence; that it is void for uncertainty in the description of the…
1Opinion of the CourtReed, J.
Elizabeth Else died on the twenty-second of August, 1882. The deed in question was signed on the day before her death. The propery which it purported to convey at the time her signature was attached to it was the N. ~W. ¿of the N. E. ¿ of section 19, iu township 76, range 16. The property which she actually owned at the time is lot ], in S. E. ¿ of the N. E. ¿ of section 24, township 75, range 16, and 12 feet in width off of the south side of lot 2, in the same subdivision of said section. The notary public who wrote the instrument discovered on the same day on which it was signed that a…
2Cases cited4 opinions
- Bunn v. WinthropNew York Court of Chancery · 1815
- Haines v. HainesCourt of Appeals of Maryland · 1854
- Stewart v. BrandSupreme Court of Iowa · 1867
- Holland v. HensleySupreme Court of Iowa · 1856
3Cited by6 opinions
- Enos v. StewartCalifornia Supreme Court · 1902
- Dolph v. WortmanSupreme Court of Iowa · 1918
- American Savings Bank v. BorcherdingSupreme Court of Iowa · 1925
- McLuen v. District Township of Bear GroveSupreme Court of Iowa · 1891
- Reilly v. MartinelliNew Jersey Court of Chancery · 1942
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