Lake v. Gray
Supreme Court of Iowa
Appeal from Clinton District Count. Action in equity to correct a mistake in the description of certain real estate conveyed by the defendants to plaintiffs. The defendant, Eunice N: Gray, demurred to the petition, and the same was overruled. The said defendant appeals.
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Appeal from Clinton District Count. Action in equity to correct a mistake in the description of certain real estate conveyed by the defendants to plaintiffs. The defendant, Eunice N: Gray, demurred to the petition, and the same was overruled. The said defendant appeals. I.Joseph Willis has never acknowledged the execution of the deed in this ease, and the deed is therefore void. 1. “No instrument affecting real estate shall be deemed lawfully recorded unless it has been previously acknowledged, or proved, in the manner herein prescribed.” Code, p. 391, §§ 2220, 2221. 2. This omission to…
1Opinion of the Court
Cole, Ch. J.
l. Conveyance: ment?wleds" The description in the deed as made and alleged to be a mistake is as follows: “ Commencing at a stake on the west line of section eighteen, thence north, on west line of said section, six chains,” etc., and thence, by several courses and distances, “ to the place of beginning.” The petition avers that the true description intended to be inserted in the deed was as follows: “ Commencing at a stake on the west line of section eighteen, township eighty-one north, of range six east, eighteen and seventy-three hundredths chains south of the northwest corner…
2Cases cited2 opinions
- Brinton v. SeeversSupreme Court of Iowa · 1861
- Dorr v. StockdaleSupreme Court of Iowa · 1865
3Cited by4 opinions
- Chariton & Lucas County National Bank v. TaylorSupreme Court of Iowa · 1930
- Willow Tree Investments, Inc. v. WilhelmSupreme Court of Iowa · 1991
- Lake v. GraySupreme Court of Iowa · 1872
- Weaver v. CoumbeNebraska Supreme Court · 1883