Legal Opinion

Pierson v. Armstrong

Supreme Court of Iowa

Decided June 15, 1855PublishedCited by 14 opinions

Appeal from the Des Moines District Court. ON tbe lltb day of Sejitember, 1851, John Pierson, with. Ms wife Sarab, executed and delivered a deed to Ellen Armstrong,, which, excluding the formal parts, recites, that they were of the first part, and “ Ellen Armstrong, wife of Barnet C. Armstrong, and daughter of said John Pierson and wife,” was of the second part, and witnessing “ that the said Pier-son and wife, for and in consideration of the natural love and affection, they…

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Appeal from the Des Moines District Court. ON tbe lltb day of Sejitember, 1851, John Pierson, with. Ms wife Sarab, executed and delivered a deed to Ellen Armstrong,, which, excluding the formal parts, recites, that they were of the first part, and “ Ellen Armstrong, wife of Barnet C. Armstrong, and daughter of said John Pierson and wife,” was of the second part, and witnessing “ that the said Pier-son and wife, for and in consideration of the natural love and affection, they bear to the said Ellen, their daughter, have given and granted to the said Ellen Armstrong,.lot No. seventy-five in the…

1Opinion of the CourtWoodward, J.

It must be remarked, in the outset, that neither Ellen, the daughter, nor Armstrong, the husband, are alleged to have had any voice, hand or part in procuring the gift of the lot, nor in the making of the deed, or the manner in which it was made. The gift appears to have been entirely a gratuity of the father, and the manner of it altogether his and his attorney’s. It is not altogether clear, what the bill is in its nature, whether a bill to correct a mi'stake, or to quiet a title. If it is the latter, however, still it is to quiet it, on account of a mistake. The cause has been argued…

2Cases cited4 opinions

  1. Hunt v. RhodesSupreme Court of the United States · 1828
  2. Bank of the United States v. DANIELSupreme Court of the United States · 1838
  3. Champlin v. LaytinNew York Court of Chancery · 1836
  4. Gouverneur v. TitusNew York Court of Chancery · 1837

3Cited by14 opinions

  1. Karmuller v. KrotzSupreme Court of Iowa · 1865
  2. Lucas v. HartSupreme Court of Iowa · 1857
  3. Lull v. Anamosa National BankSupreme Court of Iowa · 1900
  4. Inman Manufacturing Co. v. American Cereal Co.Supreme Court of Iowa · 1907
  5. Stamp v. SteeleMichigan Supreme Court · 1920

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