Legal Opinion

Deery v. Hamilton

Supreme Court of Iowa

Decided June 17, 1875PublishedCited by 19 opinions

Appeal from Dubuque Circuit Court. Action in chancery to quiet the title to certain lands. There was a decree granting the relief prayed for in the petition. The facts of the case appears in the opinion. Defendant appeals.

1Opinion of the Court

Beck, J. —

Catharine Scully, the executrix of the estate of John Scully, deceased, appointed by will, borrowed of defendant $3,000, which was secured by a conveyance absolute in form, executed by her upon the lands of the decedent, which are involved in this suit. The petition denies that defendant acquired any right under'the deed, and prays that it may be canceled. Defendant makes no claim of title under the instrument, but insists that he holds a valid lien thereunder in the nature of a mortgage, to secure the payment of $3,000 and the interest due thereon. The evidence shows that the…

2Cited by19 opinions

  1. In Re Estate of HarshSupreme Court of Iowa · 1928
  2. Iowa Loan & Trust Co. v. HolderbaumSupreme Court of Iowa · 1892
  3. Sigmond v. BebberSupreme Court of Iowa · 1898
  4. Stevenson v. RobertsCourt of Appeals of Texas · 1901
  5. Sherman v. El Paso Nat. BankCourt of Appeals of Texas · 1936

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