Ostenson v. Severson
Supreme Court of Iowa
Appeal from Winnesheik District Court. — HoN. A. N. HobsoN, Judge. The plaintiff is an heir of Emily Severson, who died intestate, holding the legal title to the land in controversy, which, with other lands, was deeded to her by her husband, the defendant, O. R. Severson, several years before her death. This is a suit in equity to confirm the plaintiff’s interest in the land, and for a partition thereof.
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Appeal from Winnesheik District Court. — HoN. A. N. HobsoN, Judge. The plaintiff is an heir of Emily Severson, who died intestate, holding the legal title to the land in controversy, which, with other lands, was deeded to her by her husband, the defendant, O. R. Severson, several years before her death. This is a suit in equity to confirm the plaintiff’s interest in the land, and for a partition thereof. The answer denies the delivery of the deed to the wife, and alleges that it was executed in trust for the husband, O. R. Severson, and was without consideration. There was a judgment…
1Opinion of the Court
Sherwin, J.—
'Upon the trial the defendant objected to the use of depositions taken within the State, because of the insufficiency of the notice. No exceptions to the depo*198sitions were filed as required by section 4712 of the Code, and the objections were therefore rightly overruled. Pilmer v. Bank, 16 Iowa, 321.
The deed from the defendant, O. E. Severson, to his wife is absolute in form, and recites a consideration of $5,000 paid to the grantor. That an express trust cannot be proven by parol is well settled. Gregory v. Bowlsby, 115 Iowa, 327; Rogers v. McFarland, 89 Iowa, 286. The conveyance…
2Cases cited5 opinions
- Acker v. PriestSupreme Court of Iowa · 1894
- Gregory v. BowlsbySupreme Court of Iowa · 1902
- Andrew v. AndrewSupreme Court of Iowa · 1901
- Pilmer v. Branch of State BankSupreme Court of Iowa · 1864
- Rogers v. McFarlandSupreme Court of Iowa · 1893
3Cited by3 opinions
- Barth v. SeversonSupreme Court of Iowa · 1921
- Johnson v. LaveneSupreme Court of Iowa · 1923
- Nolan v. GuggertySupreme Court of Iowa · 1919