Lake v. Gray
Supreme Court of Iowa
Appeal from Qlmton District Court. Action in equity to correct the description of certain real estate conveyed hy the defendant Eunice N. Gray to the defendant Joseph Willis, and by Willis to the plaintiffs, and to enjoin the defendants from asserting any title thereto. The cause was before us at the December term, 1810, upon an appeal from a judgment overruling the demurrer of Eunice N. Gray to the petition.
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Appeal from Qlmton District Court. Action in equity to correct the description of certain real estate conveyed hy the defendant Eunice N. Gray to the defendant Joseph Willis, and by Willis to the plaintiffs, and to enjoin the defendants from asserting any title thereto. The cause was before us at the December term, 1810, upon an appeal from a judgment overruling the demurrer of Eunice N. Gray to the petition. The judgment of the court was affirmed, but modified so far as to permit her “ to answer to so much of the plaintiff’s claim and petition as respects the rights of the parties under the…
1Opinion of the CourtDay, J.
The answer of the defendant Eunice N. Gray is, in substance, as follows:
1st. A general denial. 2d. That there was no consideration paid by Willis except an agreement to furnish fruit trees, which he had not performed. 3d. That neither *461Willis nor the plaintiffs have performed the covenants contained in the deed to Willis. 4th. That when said deed was handed to Willis he agreed to acknowledge it, but did not, and had it recorded without acknowledgment on his part. 5th. That defendant had been in possession of the real estate in question ever since the deed was given to Willis, and has paid…
2Cases cited1 opinion
- Lake v. GraySupreme Court of Iowa · 1870
3Cited by8 opinions
- McCardle v. KennedySupreme Court of Georgia · 1893
- Clark v. HindmanOregon Supreme Court · 1905
- Weaver v. CoumbeNebraska Supreme Court · 1883
- Gardner v. EarlySupreme Court of Iowa · 1887
- Bell v. MitchellSupreme Court of Oklahoma · 1913
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