McCleary v. Ellis
Supreme Court of Iowa
Appeal from Louisa Circuit Court. The plaintiff filed a petition as follows: “ 1. That on the 5th day of March, 18T 9, one I. C. Free-land recovered a judgment against him in this court for the sum of $353.15, and costs of suit, including $35 attorney’s fees. * * * “ 2. . That upon said judgment the said Freeland procured an execution to be issued; that under said execution the defendant Ellis, as sheriff, has sold unto said defendant I. C. Freeland the petitioner’s interest…
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Appeal from Louisa Circuit Court. The plaintiff filed a petition as follows: “ 1. That on the 5th day of March, 18T 9, one I. C. Free-land recovered a judgment against him in this court for the sum of $353.15, and costs of suit, including $35 attorney’s fees. * * * “ 2. . That upon said judgment the said Freeland procured an execution to be issued; that under said execution the defendant Ellis, as sheriff, has sold unto said defendant I. C. Freeland the petitioner’s interest in the following described real estate, situated in said county, to-wit: * * * . “ 3. Petitioner represents that the…
1Opinion of the CourtDay, J.
i. deed • void straüís^poñ alienation. I. From an examination of the deed of Abram McCleary it is evident that, it conveys a fee simple estate, conveyance is of a life estate to George Mc-Cleary, remainder to his children, but if he should -without children, to his brother George and his children; and if George should die without children, remainder to his sister’s children. The conveyance is of a life estate and a vested remainder in fee. 4 Kent’s Com., 203. No reversionary interest is retained in the grantor. He has disposed of his entire estate in fee. The disposition of the estate is to…
2Cases cited5 opinions
- Nichols v. EatonSupreme Court of the United States · 1875
- Mandlebaum v. McDonellMichigan Supreme Court · 1874
- De Peyster v. . MichaelNew York Court of Appeals · 1852
- Linscott v. LamartSupreme Court of Iowa · 1877
- White v. RowleySupreme Court of Iowa · 1877
3Cited by31 opinions
- Meek v. BriggsSupreme Court of Iowa · 1893
- Kessner v. PhillipsSupreme Court of Missouri · 1905
- Hutchinson v. MaxwellSupreme Court of Virginia · 1902
- Conger v. LoweIndiana Supreme Court · 1890
- Henderson v. HarnessIllinois Supreme Court · 1898
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