150 Iowa 635 | Iowa | 1911
Plaintiff Eliza Hemsted is the widow of ' Frederick Hemsted, deceased, and her coplaintiffs are her
After the' execution of the deed, Lucy kept the buildings on the premises insured for her own protection. She paid all accruing taxes and made substantial repairs. Frederick Hemsted from that time continued in the possession and received all the use and rent income without incurring any further burden of expense of any kind incident to the property itself. It is very clear under the evidence that at no time during the life of Frederick was the transaction ever questioned as being otherwise than an absolute sale to Lucy subject to life use by her father. Prior to 1906 Eliza moved back upon the farm to live again with her husband. Some friction arose between Lucy on the one hand and her father and stepmother on the other, and some correspondence was had between the old people and Lucy’s attorney. This correspondence is too lengthy to incorporate herein, but it shows very clearly that the parties at that time deemed Lucy to be the owner of the premises under her deed. It is entirely inconsistent with any theory of a mortgage. It is not claimed that any note was ever executed for the $2,200, nor that any rate of interest was ever agreed upon, nor that any payment of principal or interest was ever made on the one hand or claimed on the other. The consideration paid was not so inadequate as to raise any presumption in favor of the theory of a mortgage. If the property were worth no more
It is claimed on behalf of the other plaintiffs (children of Eliza) that they had an interest in the property of which they were ignorant at the time they executed a quitclaim deed for the purpose of carrying through the transaction with Lucy. It is claimed that at the time of the adjustment of the divorce suit in 1894 Erederick and Eliza executed a deed of the premises in question to Eliza herself for life and to her three children thereafter, and that such deed was delivered to the attorney of Eliza to be held by him during the lifetime of Erederick, and thereafter to be delivered to Eliza and her children. Such deed was not produced at the trial, and such testimony as there is upon that question is very unsatisfactory. It is claimed that Eliza never communicated to her children the facts with reference to such deed until after the commencement of this suit, and that the quitclaim deed executed by them in May, 1902, was obtained by the fraudulent concealment of such facts. If any fraud was practiced upon them, there is nothing in this record to warrant an inference that Lucy participated in such fraud. She dealt at arms’ length with all these parties. She seems to have refused to go. into the negotiations unless every cloud should be removed from the title. She employed an attorney to whose office the parties went for the purpose of conveyance. An abstract of title was required. A quieting title suit was brought. Quitclaim deeds were obtained from the children of Eliza, all of whom were then adults. They are in no position so far as appears
We think -the case was rightly decided by the trial court, and its order is therefore affirmed.-