51 Iowa 473 | Iowa | 1879
The defendants claim that John Tevis, by will, devised the premises in controversy to his children, one of whom is Belle C. Speed. The will never was proved or admitted to probate in this State. The other children of John Tevis conveyed the premises to Mrs. Speed. There were four hundred acres originally owned by John Tevis. Eighty acres were conveyed by Mrs. Speed to the plaintiff, and the land in dispute was conveyed by her to one of the defendants in 1873.
In 1876 the plaintiff’s husband discovered the outstanding tax title to both tracts. The plaintiff had given a mortgage to Mrs. Speed, and declined to pay the same unless Mrs. Tevis conveyed to the plaintiff. Negotiations leading to this, result were commenced, and finally Mrs. Tevis conveyed the premises in controversy to the plaintiff. This conveyance, we are satisfied; was obtained by means of fraudulent representations made by the plaintiff’s husband, as her agent, said representations being the inducing cause of the execution of the deed. It is not deemed necessary to set out the evidence on which our opinion is based, because a careful examination of appellant’s argument leads to the conclusion that it is not claimed by her counsel the conveyance was fairly obtained. A reversal of the judgment below is not sought on the ground that defendants had failed to establish the fraud. Other grounds are relied on, which we will proceed to notice.
It is insisted that, because the will of John Tevis had never been proved or admitted to probate in this State, the defendants, as grantees uf Mrs. Speed, did not obtain title by the conveyance made by her. Whether this be true or not we do not determine, but the claimed proposition will be conceded,.
Besides this, Mrs. Tevis, subsequently to the time she conveyed to the plaintiff, conveyed the premises in controversy to one of the defendants, so that the latter was vested with the title of Mrs. Tevis. But for this latter conveyance the title would have been in Mrs. Tevis.
For the reasons above stated the judgment of the Circuit Court must be
Affirmed.