Huxford v. Trustees of Funds
Supreme Court of Iowa
Appeal from Cherokee District Court. — William Hutchinson, Judge. In form, this is a suit to quiet title. In fact, plaintiffs attempt to recover land formerly conveyed by their ancestor in trust, on the ground that' the purposes of the trust have failed and have been wholly abandoned by the trustee and the beneficiaries, and that such abandonment has rendered void the former conveyance, as being a breach of a condition subsequent.
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Appeal from Cherokee District Court. — William Hutchinson, Judge. In form, this is a suit to quiet title. In fact, plaintiffs attempt to recover land formerly conveyed by their ancestor in trust, on the ground that' the purposes of the trust have failed and have been wholly abandoned by the trustee and the beneficiaries, and that such abandonment has rendered void the former conveyance, as being a breach of a condition subsequent. The defense is, in substance, a general denial. There was a decree for the plaintiffs, and the defendants appeal.- —
1Opinion of the CourtEvans, C. J.
1. Deeds: trust deed: non-merger of preexisting con- — There is no material dispute in the facts, as such. On August 4, 1881, F. W. Huxford and wife conveyed by warranty deed a certain Lot 1 in Block 1 in the village of New Cherokee to “William Stevens Perry (to be held by him in trust for the members of St. John’s Mission of Cherokee and state of Iowa).” The deed also describes the grantee as “Bishop of the Diocese of Iowa.” The consideration named is “one dollar.” The deed also contains the usual covenants of warranty. The plaintiffs are th'e only heirs at law of the grantors, since…
2Cases cited4 opinions
- Saville v. ChalmersSupreme Court of Iowa · 1888
- Carey v. WalkerSupreme Court of Iowa · 1915
- Gray v. Van GordonSupreme Court of Iowa · 1919
- Mathias v. MathiasSupreme Court of Iowa · 1914
3Cited by8 opinions
- Lovlie v. PlumbSupreme Court of Iowa · 1977
- Phelan v. PeetersSupreme Court of Iowa · 1967
- South Texas Land Co. v. SorensenSupreme Court of Iowa · 1925
- James Payton v. John Digiacomo and Daveen DigiacomoCourt of Appeals of Iowa · 2015
- Royal Union Life Insurance v. HughesSupreme Court of Iowa · 1928
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