158 Iowa 366 | Iowa | 1913
Many matters were set up in the pleadings by both parties. As to some of these, there is no evidence, and others are not applicable to the case made. The appellant has argued some things which are not pleaded, and which are not now material. His principal contention is that the evidence is not of that clear and satisfactory character required in such cases. We have not been favored with argument by appellee. Briefly stated, the controversy, so far as plaintiff is concerned, is whether he is entitled to the possession of the land, and that is all the relief asked by him. In his reply, he pleads the statute of limitations as to the defendants’ claim that the deed hereinafter referred to is a mortgage; he also pleads the statute of frauds. He introduced in evidence a deed from John Penegar to plaintiff, dated September 29, 1909, also a deed from Dexter Bichards to John H. Penegar, purporting to bear date January 7, 1889, notices to quit, and the original notice of suit - before the justice, and rested.
The defendants state their claim in different ways in their pleading, one of which is that the deed heretofore referred to, executed by Bichards to John Penegar, was in fact a mortgage, and that he (Jasper) was in fact the owner of said land at the time said deed was executed, and that, at the time said deed was executed, he had an agreement with John •Penegar, by which the said Jasper was to occupy the land during the life of said Jasper; that he, in writing, directed the grantor, Bichards, to name said John Penegar as grantee, and claims that the plaintiff, Coleman John, had notice of his rights and equities before plaintiff obtained his deed from John Penegar, knew that said John Penegar had no right to convey, and had no title that he could convey. Other matters were set up by him; but the evidence was directed mainly to the proposition as to whether defendant had the right to use said land during his life.
The question is then, as we view it, whether defendant J.asper had rights in the premises, and, if so, what they were,
The undisputed evidence shows that in 1889 Jasper made a written contract with one Steckel for the purchase of this land; that a bond for a deed was given; and the plaintiff in this case admits, in his reply, that Jasper Penegar first purchased the land from Amos Steckel, trustee, and that bond for a deed was executed therefor. Richards executed the deed in question January 7, 1889; that the name of the grantee was left blank; that, in August, 1893, at the time of the alleged agreement between John and Jasper, said Steckel inserted the name of John Penegar therein; that at the same time there was indorsed, in writing, on the written contract between Steckel and Jasper, the following: “Please make deed hereunder to John H. Penegar. Jasper Penegar.”
The testimony of Jasper Penegar, taken by itself as to what occurred at the time of the transaction last referred to, is not entirely satisfactory; but, taking all the evidence together, and all the circumstances, we are satisfied, as was the trial court, that there was an agreement between Jasper and his brother that Jasper should have the right to occupy and use it during his life. Jasper so testifies, and he claims that he borrowed the money of John to pay off the amount then due Steckel, which was $112.50. Jasper had, prior to that date, paid at least $98 on the purchase price, and perhaps more. The original purchase price was- $150. The brother claims there was no loan, but that he furnished the money to pay off the indebtedness. Jasper testifies, in substance, that the agreement was that he should have the right to use the land without paying any interest; and the brother John admits that he did not expect to charge any interest, and that he did not intend that Jasper or his mother should be removed from the place after the deed to him was made; that he intended and expected them to still live on the place, and that he did permit them to live thereon from 1893 up to the time of the commencement of the suit, which was about seventeen
There was other evidence both ways; but we think we have set out enough to show the general tendency of the evidence. We are satisfied with the finding of the court on this proposition.
Enough has been «aid to show that the decree of the trial court was just'and right. It ought to be, and is, Affirmed.