Brown v. Brown
Supreme Court of Iowa
Appeal from Van Burén District Gourt. The petition, states that William E. Brown being the owner of the real estate in controversy, he and his wife on tlie 27th day of December, 1850, conveyed' the same to their son, William Brown, who entered into possession and departed this life in the year 1854, leaving the “ petitioner as his son and sole heir and the owner of said land in fee.”
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Appeal from Van Burén District Gourt. The petition, states that William E. Brown being the owner of the real estate in controversy, he and his wife on tlie 27th day of December, 1850, conveyed' the same to their son, William Brown, who entered into possession and departed this life in the year 1854, leaving the “ petitioner as his son and sole heir and the owner of said land in fee.” “And petitioner further shows at the time of the death of his said father, he was about six years of age; that he was born in the county of Athens, and State of Ohio, and that he-is the illegitimate son of…
1Opinion of the Court
Seevers, Ch. J.
The ground of demurrer is, that the petition shows on its face the cause of action to be barred by the statute óf limitations. ;
1. statute of discovery of fraird. The Code- provides that actions brought for relief on the ground of fraud in cases heretofore solely cognizable in courts chancery, shall be brought within five years affcer the cause of action accrued, § 2529, and in actions for relief on the ground of fraud, the cause of action shall not be deemed to have accrued until the fraud complained of shall have been discovered by the party aggrieved. § 2530. It was…
2Cases cited1 opinion
- Gebhard v. SattlerSupreme Court of Iowa · 1874
3Cited by7 opinions
- Ogg v. RobbSupreme Court of Iowa · 1917
- Carrier v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1890
- McGinnis v. HuntSupreme Court of Iowa · 1878
- McGrath v. DoughertySupreme Court of Iowa · 1937
- Phœnix Insurance v. DankwardtSupreme Court of Iowa · 1877
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