27 Iowa 376 | Iowa | 1869
IY. This action was not commenced until the expiration of nearly a year from the date of the deed. It is claimed that by this delay the plaintiffs acquiesced in the title of defendant. We do not think the objection is at all tenable. The wife seems to have resisted defendant’s claim, as soon as he attempted to enforce it, and commenced this suit before he had recovered possession by a proceeding at law.
Y. It is insisted that plaintiffs are estopped by their acceptance of the consideration of the sale. The wife received no part of the consideration. The argument might be sound against the husband, were he the only one concerned, but., as we have seen, the wife’s rights are involved, and cannot be affected by the husband’s frauds.
The decree annuls the deed, without any reservation as to the interest of the brother, G. W. W. Eli, conveyed therein. The deed is good as to him, and he does not ask to have it set aside. The decree in this respect is therefore erroneous, and must be modified accordingly. As to the plaintiffs, John A. and Elizabeth J. Eli, the deed is of no validity (Rev. § 2279), and, as to them, the decree will be permitted to stand. A decree in accordance with this opinion will be entered in the District Court, the cause being remanded for that purpose.
Modified and Affirmed.