Hale v. Kobbert
Supreme Court of Iowa
Appeal from Mills District Court-Judge. -HoN. N. W. Maoy, The plaintiffs are tbe widow and children of one Mark Hale. During bis lifetime, Hale was tbe owner of a farm of one hundred and forty-nine acres in Mills county, and tbe defendant Anna Kobbert owned a tract, originally of eighty acres, of Missouri river bottom land in the 'same county. On March 3, 1898, Hale traded bis farm for tbe Kobbert land, receiving a note for five hundred dollars as ‘additional consideration.
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Appeal from Mills District Court-Judge. -HoN. N. W. Maoy, The plaintiffs are tbe widow and children of one Mark Hale. During bis lifetime, Hale was tbe owner of a farm of one hundred and forty-nine acres in Mills county, and tbe defendant Anna Kobbert owned a tract, originally of eighty acres, of Missouri river bottom land in the 'same county. On March 3, 1898, Hale traded bis farm for tbe Kobbert land, receiving a note for five hundred dollars as ‘additional consideration. On June 10, 1898, on proper proceedings bad, a guardian was appointed for Hale, as a person of 'unsound mind. The…
1Opinion of the CourtWateeMAN, J.
We shall content ourselves Hvitlqgiving conclusions only, so far as concerns the matters of fact in dispute. That the trade was made, and for the consideration 1 charged'in the petition, is not controverted. We find that at this time Hale was of unsound mind, and incapable of justly appreciating or guarding] his own interests, that the consideration he received for his land was grossly inadequate, that advantage was taken of him, and that plaintiffs are entitled to a rescission of the contract. Mere weakness of intellect on the part of the grantor will not, alone, authorize the setting aside…
2Cases cited5 opinions
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Wright v. DickinsonMichigan Supreme Court · 1887
- Strodder v. Southern Granite Co.Supreme Court of Georgia · 1896
- Hilton v. Advance Thresher Co.South Dakota Supreme Court · 1896
- Oakey v. RitchieSupreme Court of Iowa · 1886
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- Sjulin v. Clifton Furniture Co.Supreme Court of Iowa · 1950
- Humboldt County v. Ward Bros.Supreme Court of Iowa · 1914
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