161 Iowa 512 | Iowa | 1913
I. On the 18th day of February, 1911, the appellants, Elizabeth Trump and A. G. Trump, made conveyance to the appellees of certain real estate in Lucas county. The deed under which appellees claim their rights: in this action was as follows: “Know all men by these presents: That we, Elizabeth Ruth Bonnet Trump and A. G. Trump, wife and husband, of the county of Clark and the state of Missouri, for the consideration of eight thousand and six hundred dollars ($8,600.00) hereby convey to Elmer G. Johnson and Myrtle Johnson, of the county of Lucas and state of Iowa, the following described real estate, situated in the county of Lucas and state of Iowa, to wit: The E. y2 of the S. W. % of section 6, township 71, range 21. And warrant the title of the same against all persons whomsoever. In witness whereof we have set our hands this 18th day of February, 1911. Elizabeth Ruth Bonnet Trump. A. G. Trump.” This conveyance was executed in pursuance of the terms of a written contract previously entered into between E. G. Johnson, one of the appellees, and A. G. Trump and Elizabeth Trump, the name of the latter appearing as having been signed “by A. G. Trump,” her husband. In the contract the same description and consideration were stated; it also providing that all the right, title, and interest were to be conveyed. The title of the real estate at the time of the contract and deed was in Mrs. Trump. Of the consideration named one-half was paid in cash, and for the remainder note and mortgage were
II. During the progress of the trial evidence was introduced, over the objections of the appellant, tending to show that at the time of the execution of the contract it was agreed
V. Instruction No. 11, given by the trial court, was as follows: “(11) The fact, if it be a fact, that prior owners
VIII. Other errors are presented as to admitting evidence and the giving of instructions, all of which are governed by the conclusions above stated, and we need not further discuss them.
Because of the errors pointed out, the judgment of the trial court is Reversed.