Eckford v. Eckford
Supreme Court of Iowa
Appeal from Mitchell District Court. — Hon. J. C. Sherwin, Judge. This is an action at law, and involves the title to a quarter-section farm in Mitchell county. Both sides to the controversy claim title under the last will and testament of Janet Eckford, deceased. There was a judgment in favor of the defendants, and the plaintiffs appeal.
1DissentKinne, J.
{dissenting). — I. I can not agree to the result reached by the majority of the court in this case. With all due respect, it seems to me that the opinion to a certain extent ignores the issue as presented in the case, and, while conceding that there could be no reformation of the will on the ground of mistake, accident, or surprise, the conclusion reached is attempted to be justified on the theory that, after rejecting the false description, sufficient remains to lead to the identification of the land in controversy. It is said to be a case of latent ambiguity. I do not so regard it. To…
2Cases cited42 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Patch v. WhiteSupreme Court of the United States · 1886
- Riker v. . CornwellNew York Court of Appeals · 1889
- Kurtz v. HibnerIllinois Supreme Court · 1870
- Decker v. DeckerIllinois Supreme Court · 1887
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