Dunbar v. Stickler
Supreme Court of Iowa
Appeal from Dubuque District Gowrt. Action in equity to set aside a deed. The plaintiff, George Dunbar, and his wife, Margaret Dunbar, executed the deed in question to their son-in-law, John .Stickler.
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Appeal from Dubuque District Gowrt. Action in equity to set aside a deed. The plaintiff, George Dunbar, and his wife, Margaret Dunbar, executed the deed in question to their son-in-law, John .Stickler. The consideration expressed in the deed is $10,000. In the deed is a condition in the following words: “ Now, if the said John Stickler shall pay or cause to be paid to the said George Dunbar or Margaret Dunbar, his wife, interest on the ten thousand dollars herein expressed at the rate of six per cent per annum, interest payable annually, if required or demanded, during the lifetime of said…
1Opinion of the CourtAdams, J.
i conveypresse/conSitron. I. Where a conveyance is made upon a condition, the condition expressed in the deed must be conclusively presumed (in the absence of fraud, accident or mistake) to be the only condition, and if that condition is kept the title cannot be successfully assailed. To engraft upon the condition expressed in the deed another by parol would be to vary by parol the legal effect of the deed. That this cannot be allowed is substantially held in Isett et al. v. Lucas, 17 Iowa, 503. See, also, Henderson v. Henderson, 13 Mo., 152. For some purposes the consideration may be shown…
2Cases cited2 opinions
- Isett v. LucasSupreme Court of Iowa · 1864
- Porter v. City of DubuqueSupreme Court of Iowa · 1866
3Cited by4 opinions
- Schrimper v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1900
- Kelly v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1895
- Van Husen v. Omaha Bridge & Terminal Railway Co.Supreme Court of Iowa · 1902
- Berger v. Santa Fe CollegeNew Mexico Supreme Court · 1923