Legal Opinion

Weaver v. Carpenter

Supreme Court of Iowa

Decided March 21, 1876PublishedCited by 13 opinions

Appeal from Blade Hawk District Court. Elsa D. Weaver and Hannah P. Grates, sisters, bring this action, in chancery to set aside a deed, executed by them, conveying a quarter section of land in Black Hawk county, and to remove certain other clouds from their title and quiet it in themselves.

Read the full summary

Appeal from Blade Hawk District Court. Elsa D. Weaver and Hannah P. Grates, sisters, bring this action, in chancery to set aside a deed, executed by them, conveying a quarter section of land in Black Hawk county, and to remove certain other clouds from their title and quiet it in themselves. They were tenants in common of the land in question, and now allege that, in 1856, they united in a deed therefor to Beynolds Carpenter, jr., Blackmar E. Brownell and Andrew P. Carpenter, who were co-partners doing business under tlie style of B- Carpenter, jr., & Co. One of the plaintiffs, Mrs. Weaver,…

1Opinion of the CourtBeck, J.

i conveySpi™' chaser: inmrt. I. The execution of the deed for the land in controversy by the plaintiffs is not denied. It is alleged, however, that the contents and effects of the instrument were unknown to them at the time of its execution, which was procured by fraud by plaintiffs’ *347brother acting for the grantees. Let this position be admitted. If it be found that the title passing by this deed is vested in an innocent purchaser, plaintiffs, cannot now defeat it. This is a familiar rule of law and its observance is essentia! to the security and quiet of land titles, if deeds for land, upon…

2Cases cited3 opinions

  1. Jenkins v. JenkinsSupreme Court of Iowa · 1861
  2. Gower v. DoheneySupreme Court of Iowa · 1871
  3. Heaton v. FrybergerSupreme Court of Iowa · 1874

3Cited by13 opinions

  1. Keefe v. CropperSupreme Court of Iowa · 1922
  2. Fletcher v. KellySupreme Court of Iowa · 1893
  3. Keith-O'Brien Co. v. SnyderUtah Supreme Court · 1917
  4. State v. KieferSupreme Court of Iowa · 1917
  5. Tuttle v. Nichols Poultry & Egg Co.Supreme Court of Iowa · 1949

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API