Everitt v. Everitt
Supreme Court of Iowa
Appeal from Hamilton Circuit Court. Plaintiff is the widow of Geoi’ge M. Everitt, deceased. The said George M. Everitt at oue time was the owner of a quarter section of land. Before his marz-iage with plaintiff, he conveyed this land to K. Young. After the znarriage of the parties, Young conveyed the land to defendant, who is the son of George M. Everitt by a former marz’iage, and his only heir at law.
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Appeal from Hamilton Circuit Court. Plaintiff is the widow of Geoi’ge M. Everitt, deceased. The said George M. Everitt at oue time was the owner of a quarter section of land. Before his marz-iage with plaintiff, he conveyed this land to K. Young. After the znarriage of the parties, Young conveyed the land to defendant, who is the son of George M. Everitt by a former marz’iage, and his only heir at law. Plaintiff alleges that the conveyance to Young was intended as a mortgage for the security of an indebtedness which Everitt was owing Young, and that Everitt continued to be the equitable owner…
1Opinion of the CourtReed, J.
Before George M. Everitt conveyed the land to Young, he was indebted to him in an amount fully equal to two-thirds of the value of the property. The greater part of this indebtedness was secured by mortgage on the property, butaportion of it was not secured. The evidence shows, without any doubt, we think, that the conveyance was given in satisfaction of the indebtedness, and was not intended asa mortgage. An understanding was subsequently entered into, however, between the parties, by which it was agreed that Young would reconvey the property to Everitt upon the payment of the amount of the…
2Cases cited1 opinion
- Beck v. BeckSupreme Court of Iowa · 1884