137 Iowa 169 | Iowa | 1908
The evidence shows that Thomas D. Wallace was; prior to March, 1890, the owner of two hundred acres of land which was described in a deed to his. children by a former marriage executed on the 20th of that month and filed for record on the 22d, the marriage of plaintiff taking place later in the same day. The deed recited a consideration of $50, and contained a reservation to' the grantor of the use and control of the land during his natural life. The evidence shows also that plaintiff believed at the time of the marriage that her husband was still the owner of the land and that he remained such owner until his death. Shortly after his death she discovered the existence of the deed in question, and brought this action to set it aside so far as it affected the interest which she would have had in the property as the surviving widow had no such deed been executed.
The decree of the trial court is affirmed.