Legal Opinion

Craven v. Winter

Supreme Court of Iowa

Decided June 15, 1874PublishedCited by 25 opinions

Appeal from Washington District Oowt. Plaintiff being in possession of certain lands, brought this action to establish her title thereto, and to bar and estop defendants from claiming or setting up any right or title to the property. The answer denies the claim of plaintiff, and avers that the title of the premises is in defendants, Patterson & Rheinart.

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Appeal from Washington District Oowt. Plaintiff being in possession of certain lands, brought this action to establish her title thereto, and to bar and estop defendants from claiming or setting up any right or title to the property. The answer denies the claim of plaintiff, and avers that the title of the premises is in defendants, Patterson & Rheinart. The cause was submitted to the court without a jury, who found the following facts and conclusions of law: ££ April 17, 1845. Wm. Craven being the owner in fee by title derived from the United States, of the land in controversy in this case,…

1Opinion of the CourtBeck, J.

— We find it necessary to discuss but two questions raised by the assignment of errors, and considered in the brief of plaintiff’s counsel.

I. It is first insisted by counsel that the deed of April 17, 1845, by William Craven, the father, to his son W. P. Craven, is a- testamentary writing and therefore revocable, and was in fact revoked by the deed to plaintiff executed October 30,1867. -We are required to consider the character and effect of the instrument in question.

Except for the clause of the deed reserving possession of the premises during the life of the grantor, and the grantee’s…

2Cases cited16 opinions

  1. O'Ferrall v. SimplotSupreme Court of Iowa · 1857
  2. Karmuller v. KrotzSupreme Court of Iowa · 1865
  3. Burlington University v. BarrettSupreme Court of Iowa · 1867
  4. Mayor of Baltimore v. WilliamsCourt of Appeals of Maryland · 1854
  5. Robinson v. GouldSupreme Court of Iowa · 1868

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3Cited by25 opinions

  1. Stiles v. BreedSupreme Court of Iowa · 1911
  2. Kellner v. WhaleyNebraska Supreme Court · 1947
  3. McGee v. AllisonSupreme Court of Iowa · 1895
  4. Tuttle v. RaishSupreme Court of Iowa · 1902
  5. Colbert v. MillerNebraska Supreme Court · 1948

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