Carson v. Foley
Supreme Court of Iowa
Appeal from the Dubuque District Court. Ik September, 1847, Jobn Foley and wife conveyed to Carson, tbe complainant, tbe quarter section of land in controversy. In October, 1849, Harrington recovered a judgment against Foley, and in October, 1850, an execution was issued tbereon, and levied upon said land, and tbe same was advertised for sale as Foley's property.
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Appeal from the Dubuque District Court. Ik September, 1847, Jobn Foley and wife conveyed to Carson, tbe complainant, tbe quarter section of land in controversy. In October, 1849, Harrington recovered a judgment against Foley, and in October, 1850, an execution was issued tbereon, and levied upon said land, and tbe same was advertised for sale as Foley's property. Thereupon, Carson brought this suit to enjoin tbe sheriff, Harrington, and Foley, from selling tbe land, or from interfering in any way with bis right or possession thereto, averring - in bis bill that be owned tbe same by conveyance…
1Opinion of the CourtWright, C. J.
Tbe record presents no sufficient reason for disturbing tbis decree. Did tbe correctness of tbe decree depend alone, upon tbe question whether there was or was not a valuable consideration, for tbe conveyance of Carson, we should not be inclined to disturb it. Carson avers in bis bill and replication, tbat be paid a valuable consideration; tbis Foley denies, and avers it was a gift. No testimony is taken by defendants, and there is no proof anywhere to sustain tbis allegation in tbe answer. On tbe contrary, tbe deed, which is made an exhibit, and which is admitted, imports tbe consideration…
2Cases cited7 opinions
- Sexton v. WheatonSupreme Court of the United States · 1823
- Hinde's Lessee v. LongworthSupreme Court of the United States · 1826
- Reade v. LivingstonNew York Court of Chancery · 1818
- Verplank v. SterryCourt for the Trial of Impeachments and Correction of Errors · 1815
- Salmon v. BennettSupreme Court of Connecticut · 1816
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3Cited by5 opinions
- Meyer v. HouckSupreme Court of Iowa · 1892
- Crary v. KurtzSupreme Court of Iowa · 1906
- Gwyer v. FigginsSupreme Court of Iowa · 1873
- Savery v. BrowningSupreme Court of Iowa · 1865
- Stewart v. RogersSupreme Court of Iowa · 1868