Same v. Same
Supreme Court of Iowa
Appeal from Madison District Court. Fbiday, Octoeeb 7. Petitions in equity, by tbe same plaintiffs, against the defendant Clinton T. Mercer in one action, and against H. W. Mercer and Clinton T. Mercer in the other, both founded upon the same transaction, and seeking to set aside conveyances made severally to the defendants by Henry Mercer, Sr. Trial by the first method of equitable proceedings. Decree for plaintiffs, setting aside the conveyances and defendants appeal.
1Opinion of the CourtMiller, J.
As both of these cases grow out of one and the same transaction, and were tried in the court below and de novo in this court upon the same evidence, they are considered and disposed of in one opinion.
The plaintiffs ask to have these conveyances set aside on the grounds:
1. That the conveyances were without any valuable consideration.
2. They were obtained by the defendants by fraud and undue influence.
3. The grantor was not of sufficiently sound mind at the time of making the conveyances.
4. Opium or some other drug was administered to him by the defendants, or one of them; and while under its…
2Cases cited4 opinions
- Moore v. PiersonSupreme Court of Iowa · 1858
- Pearson v. PearsonNew York Supreme Court · 1810
- Carpenter ex rel. Carlton v. DodgeSupreme Court of Vermont · 1848
- Frentress v. MarkleSupreme Court of Iowa · 1850
3Cited by4 opinions
- Webb v. WebbSupreme Court of Iowa · 1905
- Craven v. WinterSupreme Court of Iowa · 1874
- Gardner v. LightfootSupreme Court of Iowa · 1887
- Burgess v. PollockSupreme Court of Iowa · 1880