Herring v. Peaslee
Supreme Court of Iowa
Appeal from Harrison District Court. — Hon. George W. Wakeeield, Judge. Action in equity to correct an alleged mutual mistake in a deed of conveyance in the description of. the land. Defendants denied that there was any mistake. Decree was entered for the plaintiff. Defendants appeal.
1Opinion of the CourtGiven, J.
March 3, 1892, the plaintiff executed and delivered to Mary A. Peaslee his deed conveying *392to her two certain adjoining triangular shaped pieces of land by metes and bounds. These tracts are, for convenience, designated in the record as the “Simons Tract” and the “Harmon Tract.” Plaintiff contends that by mutual mistake the Harmon tract was included in said deed, and asks a decree correcting the same. Defendants deny that there was any mistake.
"Appellants contend that certain evidence introduced is incompetent, and that there is not sufficient competent evidence to warrant the decree. The rule…
2Cases cited3 opinions
- West v. WestSupreme Court of Iowa · 1894
- First Presbyterian Church v. LoganSupreme Court of Iowa · 1889
- Osmundson v. Thompson Bros.Supreme Court of Iowa · 1894
3Cited by1 opinion
- Barry v. RowndSupreme Court of Iowa · 1903