120 Iowa 717 | Iowa | 1903
The initial question presented by the record is whether or not Daniel Slattery, Jr., joined in the execution and delivery of the deed to the lands in controversy to his mother, as alleged by her. It is manifest that the answer to such question must be determinative of the principal issue in the case. Indeed, counsel for appellants do not deny that, if such question shall be determined in accordance with the contention of appellee, then no other questions remain for consideration, save that made by the plea of the statute of limitations, and that respecting the value of the withheld rents and profits. From our reading of the record we think, but one answer can be made to such initial question; that is, that Daniel Slattery, Jr., was a party, with his mother, brother, and sister, to the agreement for the disposition of the estate of his deceased father; that he signed the writt< n ag ’eement to which we have made reference, and joineu m the execution and i. deeds: exe-aencT' evl’ delivery of the deed to plaintiff upon which she bases her right to recover in this action.
It is true that to many of the interrogatories propounded to these witnesses the defendants made objection, based upon section 4604 of the Code. That section provides, in substance, that no person interested in tbe event of an action, and no husband or wife of any such person, shall be examined as a witness in regard to any personal
In saying this we do not overlook the fact that at the •close of the evidence defendants moved to strike all the testimony of the witnesses having reference to the execu-
Some claim is made because of the fact .that the deed, as now presented, appears to have been altered, the signature of Daniel, Jr., having been erased, or rather crossed
Under the circumstances of this case an acknowledgment of the deed was not necessary to its validity. “It is well settled that an acknowledgment is not essential to
Such being the condition of the record, we have no hesitancy in holding that plaintiff acquired full title to the lands in question by virtue of the settlement contract and deed. This being true, it follows that she has fully established her right to the possession of the property and to recover the rents and profits thereof, unless such right has been cut off by operation of the statute of limitations. That the plea of the statute is' without force clearly appears from our reading of the evidence, and .all contention arising out of the subject may be disposed of in a word. 5 adverse payment oi rent'. During all the years of his occupancy of the property Daniel, Jr., paid an annual rental to his mother, and it is only during the brief period since his death that the right of plaintiff has been made the subject of any question. Indeed, in every material sense this is admitted by the defendant. In our view, the evidence fully justifies the finding of the trial court in resjiect to the value of the withheld rents and profits.
We conclude that therq was no error in the decree, and it is aktirmsd.