Dohms v. Mann
Supreme Court of Iowa
Appeal from Cedar Rapids Superior Court. — Hon. John T. Stoneman, Judge. In December, 1875, the plaintiff was a minor seventeen years of age, and owned in fee-simple the west forty-five acres of the north half of the northwest quarter of section 16, township 85, range 6, in Linn county.
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Appeal from Cedar Rapids Superior Court. — Hon. John T. Stoneman, Judge. In December, 1875, the plaintiff was a minor seventeen years of age, and owned in fee-simple the west forty-five acres of the north half of the northwest quarter of section 16, township 85, range 6, in Linn county. On the twentieth day of that month the guardian of plaintiff filed in the circuit court of Linn county an application in which he asked authority to purchase the south half of said quarter-section for plaintiff, and to mortgage both tracts to secure the payment of the purchase price. On the fifth day of…
1Opinion of the CourtRobinson, J.
2. Guakdian: gage made by closure fore‘ — I. The mortgage executed -by plaintiff ’s guardian was never approved by the court which authorized a mortgage to be given. Section „ .. .. 2263 of the Code is as follows: “Deeds may be made by the guardian in his own name, biit they must be returned to the
court, and the sale or mortgage be approved, before the same are valid.” It is insisted by appellee that for the failure to comply with this section the mortgage in question was invalid, and his claim is sustained by the decisions of this court. Ordway v. Smith, 53 Iowa, 591; McMannis v. Rice, 48…
2Cases cited13 opinions
- Boggs v. Merced Mining Co.California Supreme Court · 1859
- Davis v. DavisCalifornia Supreme Court · 1864
- Settlemier v. SullivanSupreme Court of the United States · 1879
- Eikenberry & Co. v. EdwardsSupreme Court of Iowa · 1885
- Moomey v. MaasSupreme Court of Iowa · 1867
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3Cited by15 opinions
- Cummings v. LandesSupreme Court of Iowa · 1908
- Chapman v. BranchWest Virginia Supreme Court · 1913
- Thornburg v. James R. Bennett & Co.Supreme Court of Iowa · 1928
- Teget v. LambachSupreme Court of Iowa · 1939
- Blotcky v. SilbermanSupreme Court of Iowa · 1938
10 more not listed; retrieve them via the Exa API.