Zuver v. Lyons
Supreme Court of Iowa
Appeal from Cerro Gordo District Court. ActioN in chancery. The petition alleges that, in 1859, plaintiff was in possession of the N. Sec. 15, Tp. 96, N. E. 20, upon which he had made valuable improvements, having four years before purchased it under a contract with one Long. The title was retained by Long as a security for the payment of the purchase money, and a bond was executed by him for the conveyance of the land upon payment therefor.
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Appeal from Cerro Gordo District Court. ActioN in chancery. The petition alleges that, in 1859, plaintiff was in possession of the N. Sec. 15, Tp. 96, N. E. 20, upon which he had made valuable improvements, having four years before purchased it under a contract with one Long. The title was retained by Long as a security for the payment of the purchase money, and a bond was executed by him for the conveyance of the land upon payment therefor. The land was conveyed by Long, and Taylor acquired the title thereto with plaintiff’s consent, holding it, however, as Long had held it, to secure the…
1Opinion of the CourtBeck, J.
Different questions of law and of fact are involved in plaintiff’s claim to the separate moieties of the land. We will first consider those pertaining to the west half. ^
I. We think the evidence insufficient to overthrow the legal title vested in S. 0. Keeney as trustee for Urilla and her i. mortgage : deneé. heirs, by the deeds executed by Taylor and Simon Keeney, and to authorize us to hold that it was intended to operate as a mortgage. The evidence, to warrant such a conclusion, should be clear, satisfactory and conclusive. It not only falls short of this requirement, but the preponder-' *513an…
2Cited by16 opinions
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- Jones v. HetheringtonSupreme Court of Iowa · 1877
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