Hyatt v. Cochran
Supreme Court of Iowa
Appeal from Greene Cvrouit Court. Tuesday, October 21. Action for the recovery of real property; plaintiffs aver their absolute ownership, and defendant’s wrongful possession.
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Appeal from Greene Cvrouit Court. Tuesday, October 21. Action for the recovery of real property; plaintiffs aver their absolute ownership, and defendant’s wrongful possession. The defendant for answer and cross-petition denies plaintiff’s ownership; avers that he is the equitable owner, that the legal title had been conveyed by him and by his direction, of a part of the land to one Anderson, as security for money advanced to and for defendant, and of the balance of the land to Mahlon Head, for a like purpose, setting out in detail all the alleged facts connected with such absolute conveyances…
1Opinion of the CourtCole, J.
The plaintiffs have the clear legal title. The defendant claims that two of the conveyances upon which they rely for title were but mortgages, though absolute in form. The burden of proof of this fact is upon defendant, and it has been several times said by this court that in such cases the. proof should be clear, satisfactory and conclusive. Noel v. Noel, 1 Iowa, 423; Corbit v. Smith, 7 id. 60; Cooper v. Skeel, 14 id. 578; Gardner v. Weston, 18 id. 533; Atkins v. Faulkner, 11 id. 326; Childs v. Griswold, 19 id. 362; Sunderland v. Sunderland, id. 325, and other cases. In this case the…
2Cases cited1 opinion
- Noel v. NoelSupreme Court of Iowa · 1855
3Cited by8 opinions
- Sinclair v. AllenderSupreme Court of Iowa · 1947
- McAnnulty v. SeickSupreme Court of Iowa · 1882
- Newell v. TweedSupreme Court of Iowa · 1949
- In Re Estate of DolmageSupreme Court of Iowa · 1927
- McKenney Seabury v. NelsonSupreme Court of Iowa · 1935
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