Wilson v. Calhoun
Supreme Court of Iowa
Appeal from Linn District Court. — Hon. Milo P. Smith, Judge. Action for the partition of certain real estate owned by Hugh J. Keating, now deceased, at the time of his death. Plaintiff is a daughter of the deceased, and defendants are his administrators and heirs at law, and the holders of a lien upon part of the lands.
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Appeal from Linn District Court. — Hon. Milo P. Smith, Judge. Action for the partition of certain real estate owned by Hugh J. Keating, now deceased, at the time of his death. Plaintiff is a daughter of the deceased, and defendants are his administrators and heirs at law, and the holders of a lien upon part of the lands. Plaintiff and defendants Mrs. Calhoun and John H. Keating each claimed an undivided 9/147 interest in the land; and alleged that Winnie Mitchell, Mrs. Cowart, and Mrs. Cook were each the owners of 23/147 of the land; and asked that the other defendants be required to…
1Opinion of the CourtDeemer, C. J.
1. Cancellation OP INSTRUMENTS : fraud: duress: undue influence : advice of friends: threat of prosecution: blackmailer. Under the pleadings, there is no real issue in the ease save upon the deed made by Hugh J. Keating to Pitner, trustee;' and this is attacked upon the grounds stated. The trial court found that the deed was obtained through duress, ordered it cancelled and set aside, and allowed an attorney’s fee of $200.00 in favor of the attorneys for the guardian, Voris, to be paid out of the share awarded to Hugh J. Keating.
The appeal is from the ruling setting aside and cancelling the…
2Cases cited10 opinions
- Morse v. WoodworthMassachusetts Supreme Judicial Court · 1892
- Kennedy v. RobertsSupreme Court of Iowa · 1898
- City National Bank of Dayton v. KuswormWisconsin Supreme Court · 1895
- Dorough v. Equitable Mortgage Co.Supreme Court of Georgia · 1903
- Callendar Savings Bank v. LoosSupreme Court of Iowa · 1909
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ogle v. FreemanSupreme Court of Kansas · 1939
- Gray v. La PlantSupreme Court of Iowa · 1918
- Kopp v. BriggsSupreme Court of Iowa · 1924
- Shelton v. TriggCourt of Appeals of Texas · 1920