107 Iowa 369 | Iowa | 1899
The plaintiff and the defendant are husband and wife, and were married to each other in August, 1873. They made their home in a small house built on a tract of about three and one-quarter acres of land, now within the city of Belle Plaine. The mother of the defendant, Sibilla Bichart,- owned the premises, and resided with the plaintiff and his family, until her death, which occurred in 1888. On the eleventh day of May, 1886, Mrs. Bichart executed to the defendant a warranty deed for the premises designated, and on the same day the defendant and the plaintiff, as parties of the second part, signed an agreement for the benefit of Mrs. Bichart, which contained the following : “Whereas, the said Sibilla Bichart * * * has this ■day sold and conveyed to Sarah Ann Burkhardt certain real ■estate in Belle Plaine, Benton county, Iowa: Now, therefore, we, the said Sarah Ann Burkhardt and Jacob Burk
I. The record contains a large amount of immaterial testimony, and numerous propositions of fact and of law .are discussed and authorities cited which do not appear to us to be relevant to the controlling questions in the case.
IV. The defense of the defendant was made by a guardian ad litem, and the sum of one hundred and fifty dollars was allowed by the court for his services. 'No objection is made to the amount, but it is insisted that no sum should have been allowed for that purpose to be paid by the plaintiff.