Hamilton v. Smith
Supreme Court of Iowa
Appeal from Warren District Court. This action was brought against the defendant Barbara Smith to quiet title to forty acres of land in Warren county. After-wards her husband, John Smith, tiled a petition in intervention to set aside a convej'ance made by him to the plaintiffs oí one hundred and twenty acres of land in Marion county.
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Appeal from Warren District Court. This action was brought against the defendant Barbara Smith to quiet title to forty acres of land in Warren county. After-wards her husband, John Smith, tiled a petition in intervention to set aside a convej'ance made by him to the plaintiffs oí one hundred and twenty acres of land in Marion county. The defendant, Barbara, in answer to the plaintiffs’ petition admits that she claims an interest in the land in Warren county, as the plaintiffs aver. She says that she is the owner of the land by purchase from her husband wtiio was before that time the owner,…
1Opinion of the Court
Adams, Ch. J.
The undisputed facts of the case are substantially as follows: In November, 1813, the intervenor, John Smith, was the owner of the land in controversy. He was a widower, and a little more than sixty years of age. He had three children, who are the plaintiffs in this action. On the 7th of November, 1863, he conveyed the land in controversy to the plaintiffs, reserving to himself a life estate therein. Four days afterward he was married to the defendant, Barbara. The conveyance to the plaintiffs was made by him after his engagement to her, and in contemplation of the marriage. The…
2Cases cited3 opinions
- Freeman v. HartmanIllinois Supreme Court · 1867
- Leach v. DuvallCourt of Appeals of Kentucky · 1871
- Gainor v. GainorSupreme Court of Iowa · 1868
3Cited by18 opinions
- Arnegaard v. ArnegaardNorth Dakota Supreme Court · 1898
- Redford v. BookerSupreme Court of Virginia · 1936
- Jenkins v. TriceSupreme Court of Virginia · 1929
- Tabb v. WillisSupreme Court of Virginia · 1931
- Rendleman v. RendlemanIllinois Supreme Court · 1895
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