Bouton v. Orr
Supreme Court of Iowa
Appeal from Mills Circuit Court. Action to recover real estate. The answer alleged that a certain conveyance from Julia A. Tevis, which constituted a link in the chain of the plaintiff’s title, had been fraudulently obtained, and that Mrs. Tevis had subsequently conveyed the premises to one of the defendants. The relief asked was that said conveyance be set aside, and that defendants have such further relief as is consistent with equity.
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Appeal from Mills Circuit Court. Action to recover real estate. The answer alleged that a certain conveyance from Julia A. Tevis, which constituted a link in the chain of the plaintiff’s title, had been fraudulently obtained, and that Mrs. Tevis had subsequently conveyed the premises to one of the defendants. The relief asked was that said conveyance be set aside, and that defendants have such further relief as is consistent with equity. There was a trial to the court and judgment for the defendants. The plaintiff appeals.
1Opinion of the CourtSeeyers, J.
1. ejectment: failure ot title. — The facts are that the premises in controversy were at one time owned by John Tevis, who died in 1861. After his death the real estate was sold for delinquent taxes due thereon, and in pursuance of the sale the county treasurer conveyed the same to Raynolds, he to Johnson, and the latter to Julia A. Tevis, widow of John Tevis.
The defendants claim that John Tevis, by will, devised the premises in controversy to his children, one of whom is Belle C. Speed. The will never was proved or admitted to probate in this State. The other children of John Tevis conveyed…
2Cited by9 opinions
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- Gunnar v. Town of MontezumaSupreme Court of Iowa · 1940
- Fulliam v. DrakeSupreme Court of Iowa · 1898
- Zion Church of the Evangelical Ass'n of North America v. ParkerSupreme Court of Iowa · 1901
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