Rensink v. Wiggers
Supreme Court of Iowa
Appeal from Muscatine District Court. — Hon. W. FBrannan, Judge. On August 21, 1891, C. Rensink and the defendant Maria Wiggers (then Maria Pilgrim), entered into an ante-nuptial contract, in writing, by the terms of which the said Maria, on the death of said Rensink, was to have a life estate in lot 9, in block 79, in the city of Muscatine, and another lot in said city so long as she remained unmarried, which provision said Maria accepted in lieu of dower, and agreed to…
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Appeal from Muscatine District Court. — Hon. W. FBrannan, Judge. On August 21, 1891, C. Rensink and the defendant Maria Wiggers (then Maria Pilgrim), entered into an ante-nuptial contract, in writing, by the terms of which the said Maria, on the death of said Rensink, was to have a life estate in lot 9, in block 79, in the city of Muscatine, and another lot in said city so long as she remained unmarried, which provision said Maria accepted in lieu of dower, and agreed to make no other claim of any kind against him or his estate after his death. Soon after, Maria and said Rensink married, and…
1Opinion of the CourtKinne, J.
1 2 *428 *41We have recently had occasion to determine the character of evidence which will justify a court in reforming an instrument for fraud or mistake. West v. West, 90 Iowa, 44 (57 N. W. Rep. 639). In that case the question was fully discussed, and it was held that, to reform a written instrument for fraud or mistake, there must be “that measure or degree of proof which produces in the unprejudiced mind the belief and conviction of the truth of the fact asserted, having in view all the facts and circumstances surrounding the transaction. A fact thus established may be said to have been proven…
2Cases cited4 opinions
- West v. WestSupreme Court of Iowa · 1894
- Jurgensen v. CarlsenSupreme Court of Iowa · 1896
- Breja v. PryneSupreme Court of Iowa · 1895
- Murphy v. First National BankSupreme Court of Iowa · 1895
3Cited by7 opinions
- Galva First National Bank v. ReedSupreme Court of Iowa · 1927
- Costello v. Stokely Grain Co.Supreme Court of Iowa · 1922
- Cataldo v. CompianoSupreme Court of Iowa · 1956
- Schulte v. HagemeyerOhio Court of Appeals · 1922
- Schultz v. LidtkaSupreme Court of Iowa · 1917
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