Ferguson v. Ferguson
Supreme Court of Iowa
Appeal from Floyd District Coivrt. — C. H. Kelley, Judge. Action to cancel an option to purchase an interest in land, executed by plaintiff James A. Ferguson to John M. Ferguson, and to cancel two mortgages executed by John M. Ferguson and wife to the defendant bank. Demurrers to the petition were sustained, and plaintiffs appeal.
1Opinion of the CourtPreston, J.
Plaintiffs are husband and wife, and defendants John M. and Ethel Ferguson are husband and wife. John and James are brothers. It is alleged that they are co-owners of 210 acres of land described in the petition, each owning an undivided half interest, subject to a life annuity to their mother, which was made a lien on the land; that, in June, 1910, defendants John M. and wife executed a mortgage to defendant bank, mortgaging the undivided one-half interest of John M. to secure the payment of $5,000; that, in May, .1911,. plaintiffs executed to defendant John M. an option to purchase their…
2Cited by2 opinions
- Miller v. PaulsonSupreme Court of Iowa · 1918
- Richardson v. RichardsonSupreme Court of Iowa · 1933