Hinson v. Bailey
Supreme Court of Iowa
Appeal from Des Moines District Court — Hon. C. H. Phelps, Judge. Action for partition of certain land. The defendants, Sarah Bailey and Keziab Foster, deny that the plaintiff has any interest in the land, and aver that they are the sole owners of the same. The court found for the defendants, and dismissed the plaintiff’s petition, and he appeals.
1Opinion of the Court
Adams, Ch. J.
The land was formerly owned by one Eva Hinson, now deceased. The plaintiff and the defendants are her children and only heirs. The plaintiff avers that his mother, Eva Hinson, died intestate and seized of the land. *545The defendants claim to be the owners of the same by deed from Eva Hinson. The plaintiff does not deny the execution of the deed, but avers that the grantor was not of sufficiently sound mind to execute a valid deed. He also avers that there was no delivery of the deed by the grantor.
As to the alleged lack of mental capacity of Mrs. Hinson to make the deed, we have to…
2Cases cited1 opinion
- Leaver v. GaussSupreme Court of Iowa · 1883
3Cited by23 opinions
- Brown v. WesterfieldNebraska Supreme Court · 1896
- Trask v. TraskSupreme Court of Iowa · 1894
- White v. WattsSupreme Court of Iowa · 1902
- Saunders v. SaundersSupreme Court of Iowa · 1901
- Foreman v. ArcherSupreme Court of Iowa · 1906
18 more not listed; retrieve them via the Exa API.