Legal Opinion

Lewis v. Arbuckle

Supreme Court of Iowa

Decided May 19, 1892PublishedCited by 5 opinions

Appeal from Delaware District Court. — Hon. J. J. Ney, Judge. These two causes were consolidated and tried together in the court below. They are actions in equity to set aside certain deeds executed by Margaret Walsh to Michael Walsh, her son, and to Mary Ann Adams, her daughter; also deeds made by the said Michael and Mary Ann to.the defendants, Arbuckle and Miller,"on the ground that the deed from Margaret Walsh was procured by undue influence.

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Appeal from Delaware District Court. — Hon. J. J. Ney, Judge. These two causes were consolidated and tried together in the court below. They are actions in equity to set aside certain deeds executed by Margaret Walsh to Michael Walsh, her son, and to Mary Ann Adams, her daughter; also deeds made by the said Michael and Mary Ann to.the defendants, Arbuckle and Miller,"on the ground that the deed from Margaret Walsh was procured by undue influence. It is averred that Arbuckle and Miller took their' deeds with knowledge of the fact that their grantors had acquired title by undue influence and…

1Opinion of the CourtKinne, J.

The plaintiffs and the defendants, Mary Ann Adams and Michael Walsh, are children of Margaret Walsh, deceased. Less than two months prior to her death she conveyed eighty acres of land to the defendants, Mary Ann Adams and Michael Walsh, the consideration named in the deed being one dollar. The plaintiffs insist that this conveyance was procured by undue influence and false promises, and on the representation of the grantees that they would give the grantor a mortgage on the land for its full value, *338which, said grantees did not do. The defendants’ contention is set out above.

The facts…

2Cases cited4 opinions

  1. Fifield v. GastonSupreme Court of Iowa · 1861
  2. Wilson v. MillerSupreme Court of Iowa · 1864
  3. Parker v. PierceSupreme Court of Iowa · 1864
  4. Ray v. TeaboutSupreme Court of Iowa · 1884

3Cited by5 opinions

  1. Henderson v. JacksonSupreme Court of Iowa · 1907
  2. Hult v. Home Life InsuranceSupreme Court of Iowa · 1932
  3. Chambers v. BradySupreme Court of Iowa · 1897
  4. Ramsdell v. RamsdellMichigan Supreme Court · 1901
  5. Johnson v. MillardNebraska Supreme Court · 1923

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