93 Iowa 730 | Iowa | 1895
The questions involved in the two actions are the same, and they will be considered and determined together. The plaintiffs claim to be the owners in fee simple of sections numbered two and three in township numbered ninety-four north, of range numbered forty-one west, by virtue of the will of Orville H. Browning, deceased, and that he acquired title ■thereto under a deed from one D. Edward Paullin. The defendants also claimed title from Paullin, but under a deed from him later than his conveyance to Browning, it is admitted that Paullin executed to Browning an instrument in the form of a warranty deed, but the defendants claim it wa,s given to secure the payment of money, and that it was in legal effect
I. The conveyance from Paullin to Browning was dated and acknowledged the fourth day of June, 1881. To prove that it was a mortgage, the defendants introduced
Section 3643 of the Code is as follows: “No practicing attorney, counselor, physician, surgeon, minister of the gospel or priest of any denomination, shall be allowed in giving testimony to disclose any confidential communication properly entrusted to him in his professional capacity, and necessary and proper to enable him to discharge the functions of Ms office according to the usual course of practice or discipline. Such prohibition shall not apply to cases where the party in whose favor the same are made waives the rights conferred.” The appellants contend that finder this section all communications made by a client to his attorney in regard to business intrusted to the attorney in Ms professional capacity are privileged. But the claim thus made is too broad. Only communications which