Gilliland v. Inabnit
Supreme Court of Iowa
Appeal from Lucas District Court. — Hon. W. I. Babb, Judge. Plaintiee brings this action to recover possession of certain lands situated in Lucas county, Iowa. She avers that she is the sole and absolute owner of said lands, and shows as her chain of title an original entry thereof by William McQuary, and a conveyance June 17, 1890, from William McQuary to her.
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Appeal from Lucas District Court. — Hon. W. I. Babb, Judge. Plaintiee brings this action to recover possession of certain lands situated in Lucas county, Iowa. She avers that she is the sole and absolute owner of said lands, and shows as her chain of title an original entry thereof by William McQuary, and a conveyance June 17, 1890, from William McQuary to her. Ellen Brown and twenty-four others, all heirs of William McQuary, appeared, were made parties, and filed their joint answer, to which plaintiff filed a demurrer. The demurrer being sustained, and defendants refusing to further plead,…
1Opinion of the CourtGiven, J.
I. These defendants allege, in their answer that on November 18, 1891, William McQuary, then and for many years previous a resident of the state of Kentucky, died intestate, leaving as his only heirs said defendants. They allege that said conveyance to the plaintiff “is null and void, for the reason that the grantor, Wm. McQuary, in said conveyance was forced and compelled by duress and against his will and without consideration to execute and deliver said conveyance.” The answer shows, that in an action in equity in the circuit court of Kentucky in and for Lincoln county, wherein Elizabeth…
2Cases cited2 opinions
- Massie v. WattsSupreme Court of the United States · 1810
- McQuerry v. GillilandCourt of Appeals of Kentucky · 1890
3Cited by16 opinions
- Silver Surprize, Inc. v. Sunshine Mining Co.Washington Supreme Court · 1968
- Bevans v. MurrayIllinois Supreme Court · 1911
- Matson v. MatsonSupreme Court of Iowa · 1919
- Rosenbaum v. EvansWashington Supreme Court · 1911
- Barringer v. RyderSupreme Court of Iowa · 1903
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