Stewart v. Brand
Supreme Court of Iowa
Ajppeal from, Lee District Court. Homestead : devise and abandonment oe, etc. — The petition seeks to foreclose two mortgages made to the plaintiff, by J. C. Brand, and Mattie, his wife, upon lot 8, B. 21, in West Point. The first mortgage is dated, in January, 1862; the second in November, 1862. .The defendant (Samuel Brand), is the father of the said J. C. Brand, the mortgagor of the plaintiff.
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Ajppeal from, Lee District Court. Homestead : devise and abandonment oe, etc. — The petition seeks to foreclose two mortgages made to the plaintiff, by J. C. Brand, and Mattie, his wife, upon lot 8, B. 21, in West Point. The first mortgage is dated, in January, 1862; the second in November, 1862. .The defendant (Samuel Brand), is the father of the said J. C. Brand, the mortgagor of the plaintiff. The aforesaid lot 8, was devised to the said J. C. Brand by his mother, one Margaret Brand, who previously to her death received a deed therefor from the defendant, the said Samuel Brand. This deed…
1Opinion of the CourtDillon, J.
1. conveyanoe: defective description: husband and wife. Question 1. Is the plaintiff entitled to have the deed, made by Samuel Brand (the defendant) to his wife, in 1857, corrected ? This deed is , , detective only in not stating the name of the . , . . town m which the lot is situate. Defendant offered evidence showing that he was importuned to make this deed, that he consented to make it, that it was without actual consideration, and that he purposely left out the name of the town, and then delivered it to the wife who supposed it was correct. No fraud, and in a legal sense, no undue…
2Cases cited1 opinion
- Fyffe v. BeersSupreme Court of Iowa · 1864
3Cited by10 opinions
- Wilkinson v. MerrillSupreme Court of Virginia · 1891
- Dallemand v. MannonColorado Court of Appeals · 1894
- Euper v. Alkire & Co.Supreme Court of Arkansas · 1881
- Else v. KennedySupreme Court of Iowa · 1885
- Reilly ex rel. Reilly v. ReillySupreme Court of Iowa · 1907
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