Hoyer v. King
Supreme Court of Iowa
Appeal from Tee District Court. — Hon. James D. Smyth, Judge. This is an action to reform a deed of conveyance of real estate so as to preserve to plaintiff an easement or right of use to a road across defendant’s land from a public highway to the land of plaintiff.
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Appeal from Tee District Court. — Hon. James D. Smyth, Judge. This is an action to reform a deed of conveyance of real estate so as to preserve to plaintiff an easement or right of use to a road across defendant’s land from a public highway to the land of plaintiff. The following plat will indicate the situation: Prior to February, 1887, George Byerle was the owner of the land, marked on the plat “Hoyer 60 Acres,” and the piece marked “John King 80 Acres,” making one hundred and forty acres. Plaintiff’s father then owned the land north of the lane indicated by the dotted line. Defendant then…
1Opinion of the CourtGranger, J.
The basis of the reformation of the deed, as claimed, is a parol agreement between the parties, made during the negotiations for the Beyerle farm. If there was not such an understanding, there can be no reformation.. That there was talk on the subject of the easement being reserved to the plaintiff, both parties agree, but they are in dispute as to the result; the plaintiff saying that he asked for the easement, and that defendant agreed to it, while defendant says plaintiff asked for it, and he, in terms, refused it. In view of this situation, some undisputed facts bearing on the…
2Cited by2 opinions
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