Legal Opinion

Newton & Seeley v. Bealer

Supreme Court of Iowa

Decided October 9, 1875PublishedCited by 48 opinions

Appeal from Lee District Court. On tbe 20th day of November, 1872, the plaintiffs, who are the heirs of Isaac Bealer, deceased, commenced this action to set aside a deed executed on the ,6th day of July, 1867, purporting to convey two hundred and twenty-three acres of land to Abraham Bealer.

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Appeal from Lee District Court. On tbe 20th day of November, 1872, the plaintiffs, who are the heirs of Isaac Bealer, deceased, commenced this action to set aside a deed executed on the ,6th day of July, 1867, purporting to convey two hundred and twenty-three acres of land to Abraham Bealer. The petition alleges .that the deed was never delivered, and that it is of no effect, and that Isaac Bealer died seized in fee simple of the lands therein described, that the deed remained in the possession and control of Isaac Bealer up to the time of his death, after which it was found amongst his…

1Opinion of the Court

Day, J. —

The deceased, Isaac Bealer, had several sons and two daughters by a former marriage. During his lifetime he made provision for these sons, by conveying to them real estate intended to constitute their shares of his estate. Abraham Bealer is the offspring of a second marriage, his father being about seventy-five years of age at the time of his birth. On the sixth day of July, 1867, Isaac Bealer duly executed a deed conveying to his son Abralxain the lands in controversy. Isaac Bealer deceased on the sixteenth day of February, 1872; at the advanced age of eighty-four. Upon various…

2Cases cited5 opinions

  1. Scrugham v. WoodNew York Supreme Court · 1836
  2. Walker v. WalkerIllinois Supreme Court · 1866
  3. Tallman v. CookeSupreme Court of Iowa · 1874
  4. Foley v. HowardSupreme Court of Iowa · 1859
  5. Stow v. MillerSupreme Court of Iowa · 1864

3Cited by48 opinions

  1. Lewis v. CurnuttSupreme Court of Iowa · 1906
  2. Bourquin v. BourquinSupreme Court of Georgia · 1900
  3. Trask v. TraskSupreme Court of Iowa · 1894
  4. Osborne v. EslingerIndiana Supreme Court · 1900
  5. Conlan v. GraceSupreme Court of Minnesota · 1886

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