Legal Opinion

Burgess v. Pollock

Supreme Court of Iowa

Decided April 7, 1880PublishedCited by 10 opinions

Appeal from Linn Circuit Court. Action in equity to set aside a deed executed to the defendant by the plaintiff’s father, Alexander Pollock, who has, since the execution of the deed, died- intestate. The petition avers that the deed was without consideration; that it was obtained by undue influence, and that the grantor, at the time of its execution, was insane. The answer is a general denial. There was a decree for the plaintiff, and the defendant appeals. „

1Opinion of the Court

Adams, Ch. J.

I. The defendant, at the time of the making of the deed, was Alexander Pollock’s wife. Whether any valuable consideration was paid by her, or not, the deed cannot be set aside for want of consideration. Mercer v. Mercer, 29 Iowa, 557.

II. The claim that the deed should be set aside, as having been obtained by undue influence, is equally untenable, for the evidence wholly fails to support the allegations.

III. Whether it should be set aside upon the ground that Pollock was insane, at the time he executed it, is not quite so clear.

Pollock, at the time of his death, was-Jabout sixty…

2Cases cited5 opinions

  1. Potts v. HouseSupreme Court of Georgia · 1849
  2. Boyd v. EbySupreme Court of Pennsylvania · 1839
  3. Boyce's Adm'r v. SmithSupreme Court of Virginia · 1853
  4. Same v. SameSupreme Court of Iowa · 1870
  5. James v. LangdonCourt of Appeals of Kentucky · 1846

3Cited by10 opinions

  1. In Re Estate of HellerSupreme Court of Iowa · 1943
  2. Jones v. SchaffnerSupreme Court of Iowa · 1920
  3. Reese v. ShutteSupreme Court of Iowa · 1906
  4. Seawel v. DirstSupreme Court of Arkansas · 1902
  5. Swartwood v. ChanceSupreme Court of Iowa · 1906

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