42 Iowa 84 | Iowa | 1875
This is an action in equity, and comes to this court for trial de novo upon the evidence adduced in the court below. There js some conflict in the evidence but we have no difficulty in arriving at the facts of the case, which we find to be as follows: The plaintiff was the lawful owner of the land in controversy on the 8th day of March, 1858, on which day he and his wife executed a conveyance thereof to David N. Smith, of Lucas county, Iowa, for the nominal consideration of one thousand dollars. The purpose of this conveyance was to enable Smith, as the agent of the plaintiff,' to make sale of the land, and execute a deed in his own name to the purchaser. This course was deemed by plaintiff to be preferable to that of executing to Smith a power of attorney to make the sale.
The deed was executed and delivered to Smith, with the distinct agreement and understanding that it was to enable him to sell the land for the benefit of the plaintiff. Smith paid plaintiff no consideration, nor was the plaintiff in any manner indebted to him at the time of the execution of the deed; Smith retained the deed in his possession, without having made any sale of the land, until in March, 1860, when, at the request of the plaintiff by letter, he returned it by mail
The decree of the Distx-ict Court will be
Affirmed.