Smith v. Willcockson
Supreme Court of Iowa
Certiorari to KeohuJc District Court. This is an original action by certiorari in this court to have determined the validity of the action of the defendant in setting aside a decree for the plaintiff in an action in which the plaintiff sought to have canceled a deed to certain real estate from said plaintiff to Doyle Burtis Smith, Gail Smith, and Maurene Smith, minors, represented in said action by a guardian ad litem.
1Opinion of the CourtMcClain, J.
The action of this plaintiff against the three minors named in the preceding statement of facts was in equity, and the petition therein alleged that a certain deed, placed of record in the recorder’s office in Keokuk County, a copy of which is attached as an exhibit, although purporting to be executed by plaintiff and his wife to said minors, was never delivered, and had without the knowledge or consent of plaintiff come into the posses*450sion of the defendants, and was obtained by force, fraud and stealth, and, further, that plaintiff had never received from said defendants the consideration in…
2Cases cited4 opinions
- Kwentsky v. SirovySupreme Court of Iowa · 1909
- Miller v. WolfSupreme Court of Iowa · 1884
- McConnell v. AveySupreme Court of Iowa · 1902
- Hull v. Eby ex rel. EbySupreme Court of Iowa · 1904
3Cited by5 opinions
- Lutz v. Iowa Swine Exports Corp.Supreme Court of Iowa · 1981
- Johnston v. CalvinSupreme Court of Iowa · 1942
- Willson v. District Court of Polk CountySupreme Court of Iowa · 1914
- Sido v. SidoSupreme Court of Iowa · 1951
- Gotsch v. SchoenjahnSupreme Court of Iowa · 1926