Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa Volume 26

Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa Volume 26

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892 edition. Excerpt: ...appellee. BECK, J.--The alleged facts, upon which the relief is claimed, as set out in the petition, are, substantially, as follows: On the 30th day of June, 1861, James Gainer was, and had been for a long time, the owner in fee of the W.-L of the E. is S. E. 1 of section 18, T. 89, N. R., 2 W. On that day, without any consideration and for the purpose of defrauding plaintiff Mary Gainor, then Mary McLean, out of her marital rights, James Gainor conveyed said land to his father. Thomas Gainor, the defendant in this action. The defendant participated in this fraudu'eut design. James Gainor and plaintiff Mary were married on the 15th day of January, 1862, and immedithereafter moved upon the land and occupied it as a homestead. The husband made improvements upon and paid the taxes on the land, and continued to occupy it till his death which occurred May 5, 1867, and his family have since continued to occupy it. The defendant never had possession of said land nor received the rent thereof. Prior to the marriage of plaintiff, Mary, with James Gainer, both he and his father represented to her and to her father, that he was the owner of this land, and the fact that they believed he was the owner, induced both plaintiff and her father to consent to her marriage with James. They had no knowledge as to the ownership of the land except what was obtained from these representations. The plaintiffs charge that the defendant intended to defraud the said Mary by concealing his title to said prop Gainer v. Gainer. erty, and that her consent to the marriage as well as the consent of her father (she being then a minor), was obtained by means of such fraudulent representations as to the title of the land, and "upon the express condition more

Product details

  • Paperback | 202 pages
  • 189 x 246 x 11mm | 372g
  • United States
  • English
  • black & white illustrations
  • 1236968115
  • 9781236968111