Hughes v. Sheaff
Supreme Court of Iowa
Appeal from Scott District Court On and prior to the 8th of May, 1858, H. R. Claussen was the owner in fee of certain mill property situated in the town of Lyons, in Clinton county, upon which the defendant, Sheaff, had a mortgage made by Claussen to secure the sum of five thousand dollars.
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Appeal from Scott District Court On and prior to the 8th of May, 1858, H. R. Claussen was the owner in fee of certain mill property situated in the town of Lyons, in Clinton county, upon which the defendant, Sheaff, had a mortgage made by Claussen to secure the sum of five thousand dollars. About this time plaintiff entered. into negotiations with Claussen for the purchase of the mill property, and on the 12th of the same month, the trade was concluded, for the consideration of fourteen thousand dollars, to be paid in part by the assumption of the Sheaff incumbrance. The deed was made by…
1Opinion of the Court
Wright, Ch. J.
We do not find, from the testimony, that Claussen had any fraudulent purpose in giving the trust deed in the place of the mortgage, pending the negotiation for the sale of the property to plaintiffs. The deed which they accepted expressly refers to the incumbrance as a “ deed of trust,” and they thus had the fnost reliable evidence and notice of its nature and import. Not only *342so, but Sheaff was no party to this negotiation, nor had he any knowledge of the alleged fraud, and would not, therefore, of course, be affected by it.
The charge of fraud in procuring the conveyance of…
2Cases cited5 opinions
- Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
- Chapman's Adm'x. v. TurnerCourt of Appeals of Virginia · 1798
- Davis v. StonestreetIndiana Supreme Court · 1853
- Paxton v. DaniellWashington Supreme Court · 1890
- Skinner v. MillerCourt of Appeals of Kentucky · 1824
3Cited by19 opinions
- Bigler v. JackSupreme Court of Iowa · 1901
- Green v. TurnerSupreme Court of Iowa · 1874
- Keeline v. ClarkSupreme Court of Iowa · 1906
- Rockwell v. HumphreyWisconsin Supreme Court · 1883
- Bradford v. HelsellSupreme Court of Iowa · 1911
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