Johnson v. Johnson
Supreme Court of Iowa
Appeal from Scott Circuit Court. Action in chancery. The original petition alleges that defendant induced his father to execute a deed to him for twenty acres of land i'n consideration of the payment to plaintiff, a brother, of an annuity of fifty dollars a year during plaintiff’s life; that defendant’s agreement to pay the annuity was reduced to writing, and defendant has obtained possession of the paper and refuses to produce it.
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Appeal from Scott Circuit Court. Action in chancery. The original petition alleges that defendant induced his father to execute a deed to him for twenty acres of land i'n consideration of the payment to plaintiff, a brother, of an annuity of fifty dollars a year during plaintiff’s life; that defendant’s agreement to pay the annuity was reduced to writing, and defendant has obtained possession of the paper and refuses to produce it. It is also alleged that, prior to the execution of the deed, the father had made a will devising a part of the land to plaintiff, which was known to defendant;…
1Opinion of the Court
Beck, Ch. J.
— I. Tlie controlling questions in the case, in our opinion, relate to the validity of the deed executed to defendant by his father. "Was that instrument executed without fraud and undue influence, and is it a valid instrument? The determination of these questions will dispose of the case. Their solution, it will be found, rests wholly upon facts. If the deed is a valid instrument, the plaintiff will not be entitled to the relief granted by the decree.
The case is quite voluminous as presented for our consideration, tlie abstract containing more than one hundred printed pages, the…
2Cases cited2 opinions
- Lobdell v. . LobdellNew York Court of Appeals · 1867
- Simmons v. . SissonNew York Court of Appeals · 1863
3Cited by22 opinions
- Estate of GrossmanSupreme Court of Pennsylvania · 1979
- O'Dell v. O'DellSupreme Court of Iowa · 1947
- St. John v. LoflandNorth Dakota Supreme Court · 1895
- Dettmer v. BehrensSupreme Court of Iowa · 1898
- Samson v. SamsonSupreme Court of Iowa · 1885
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