McGuire v. Halloran
Supreme Court of Iowa
Appeal from Lyon District Court. — William Hutchinson, Judge. Action in equity to establish plaintiff’s title to 134 acres of land in Lyon County, and to redeem the same from the lien and claim of the defendants, who are alleged to be holding the legal title in trust as security for the payment of a debt. The trial court dismissed the petition, and plaintiff appeals. —
1Opinion of the CourtWeaver, J.
1. Mortgages : absolute deed as mortgage: construction of contract: intention — In the year 1900, one Bog-er Cotter died testate, seized of the land jn controversy. He left surviving him five ° children: Nora (the plaintiff), Kate (the defendant), Maggie, Mary, and Patrick. At the time of the testator’s death, the plaintiff, Nora Cotter McGuire, was living with him on the farm, and with them lived the daughter Maggie, a person of feeble mind, and the daughter Mary, an invalid, who is now deceased. By the terms of his will, the father gave and devised the entire estate to the plaintiff,…
2Cases cited6 opinions
- Russell v. SouthardSupreme Court of the United States · 1851
- Fort v. ColbySupreme Court of Iowa · 1913
- Voss v. EllerIndiana Supreme Court · 1887
- Keeline v. ClarkSupreme Court of Iowa · 1906
- Baird v. ReininghausSupreme Court of Iowa · 1893
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3Cited by7 opinions
- Guttenfelder v. IebsenSupreme Court of Iowa · 1941
- Tansil v. McCumberSupreme Court of Iowa · 1925
- Koch v. WassonSupreme Court of Iowa · 1968
- Bilbo v. BallSupreme Court of Iowa · 1921
- Klingensmith v. KlingensmithSupreme Court of Iowa · 1921
2 more not listed; retrieve them via the Exa API.