Hurley v. Osler
Supreme Court of Iowa
Appeal from Pottawattamie District Court. Action in equity. The petition states that plaintiff is the owner of certain real estate described therein, having derived his title from the United States; that within a year previous to the commencement of the actiofi, he discovered on record in the proper county a deed conveying the premises to Osman Osier, signed by Cornelius Hurley, Sr., as attorney in fact for him, which deed was executed without his knowledge or authority;…
Read the full summary
Appeal from Pottawattamie District Court. Action in equity. The petition states that plaintiff is the owner of certain real estate described therein, having derived his title from the United States; that within a year previous to the commencement of the actiofi, he discovered on record in the proper county a deed conveying the premises to Osman Osier, signed by Cornelius Hurley, Sr., as attorney in fact for him, which deed was executed without his knowledge or authority; that said deed is fraudulent and casts a cloud on his title; that Osman Osier-has deceased and defendants are his heirs at…
1Opinion of the Court
Servers, Ch. J.
i conveykSuientf1 evidence. I. The declarations of Hurley, Sr., made both before and after the conveyance to the plaintiff, and also the declarations of the plaintiff after such conveyance> tending to show that such convejumce was made without consideration and with intent to defraud the creditors of Hurley, Sr., were admitted in evidence, against the objections of the plaintiff, and as the evidence is now before us the objection is renewed, the ground being that the evidence is immaterial and irrelevant.
If the conveyance from Hurley, Sr., to the plaintiff was being attacked by…
2Cases cited5 opinions
- Barney v. LittleSupreme Court of Iowa · 1864
- Gardner v. ColeSupreme Court of Iowa · 1866
- Wolf v. Van MetreSupreme Court of Iowa · 1867
- Kimball v. HutchinsSupreme Court of Connecticut · 1820
- Kincheloe v. HolmesCourt of Appeals of Kentucky · 1846
3Cited by5 opinions
- Finch v. GarrettSupreme Court of Iowa · 1897
- Weare v. WilliamsSupreme Court of Iowa · 1892
- Anderson v. EtterIndiana Supreme Court · 1885
- Keystone Manufacturing Co. v. JohnsonSupreme Court of Iowa · 1878
- Lockie v. WhiteSupreme Court of Iowa · 1936