Newis v. Topfer
Supreme Court of Iowa
Appeal from Pollt District Court. — Hon. G. P. Holmes, Judge. This is an action in equity to have a deed of conveyance absolute in form declared to be a deed of trust, and for general relief.
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Appeal from Pollt District Court. — Hon. G. P. Holmes, Judge. This is an action in equity to have a deed of conveyance absolute in form declared to be a deed of trust, and for general relief. The defendants answered, denying the trust alleged, pleading the statute of limitations, and presenting a counterclaim upon which judgment is demanded in the event the trust relation alleged shall be found to exist and it is further found that the plaintiff’s action is not barred by the statute. The facts, as far as necessary to be considered, will be found stated in the opinion. There was a trial, to…
1Opinion of the Court
Bishop, O. J.
It appears that on October 11, 1887, Wilhelmina Heine, a widow, was the owner in fee of a house and lot in the city of Des Moines, which is described in the petition, and the same then was, and for several years had been, occupied by herself and family as a home. On the date mentioned she signed a deed of conveyance of the same to the defendant Ohristain Topfer, who was her stepfather. The instrument signed purported to be an absolute conveyance and deed of general warranty. The consideration named therein is love and affection and the sum of $1 in hand paid. Mrs. Heine continued…
2Cases cited13 opinions
- Brison v. BrisonCalifornia Supreme Court · 1888
- Goldsmith v. . GoldsmithNew York Court of Appeals · 1895
- Burden v. SheridanSupreme Court of Iowa · 1872
- Acker v. PriestSupreme Court of Iowa · 1894
- Moran v. MoranSupreme Court of Iowa · 1897
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Burch v. NicholsonSupreme Court of Iowa · 1912
- Carr v. CraigSupreme Court of Iowa · 1908
- Halligan v. FreySupreme Court of Iowa · 1913
- Rance v. GaddisSupreme Court of Iowa · 1939
- Murphy v. BrownSupreme Court of Iowa · 1961
8 more not listed; retrieve them via the Exa API.