Robb v. Lefevre
Supreme Court of Iowa
Appeal from the Jackson District Court. Bill in chancery in relation to the title of certain real estate. The facts of the case are as follows : Magdalena Eobb, the Avidow of John Eobb, and mother of the complainant, soon after the death of the said John, in 1852, invested six hundred dollars of his money, found in liis possession, in certain lands in Jackson county. She did not take out letters of administration, nor did any one.
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Appeal from the Jackson District Court. Bill in chancery in relation to the title of certain real estate. The facts of the case are as follows : Magdalena Eobb, the Avidow of John Eobb, and mother of the complainant, soon after the death of the said John, in 1852, invested six hundred dollars of his money, found in liis possession, in certain lands in Jackson county. She did not take out letters of administration, nor did any one. It is alleged that she purchased the land in fact, for the use and benefit of the petitioner, and the other children and heirs of the said John. She afterwards…
1Opinion of the CourtWoodward, J.
After some hesitation, and examination, we have come to the conclusion that the testimony was admissible. The first objection is that of interest, and this is supposed to arise in two ways. First. Upon her waranty. Rut, so far as this is concerned, she is called against her interest This would dictate a bias against the party calling her. The books hold that the grantor in a deed, *152may be called on the side opposed to his interest, or when his interest is balanced. Jackson v. Frost, 6 Johns., 135; Van Nuys v. Ferham, 3 Johns. Ch., 82; Hudson v. Halbert, 15 Pick., 423; Twambly v. Henley, 4 M.…
2Cases cited2 opinions
- Trustees of Methodist Episcopal Church v. JaquesNew York Court of Chancery · 1817
- Jackson ex dem. Mapes v. FrostNew York Supreme Court · 1810