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Leonard v. Wren

Matilda Leonard v. John Wren

Leonard v. Wren, 184 Iowa 1339 (1918)
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Court
Supreme Court of Iowa · State Highest Courts
Decided
December 14, 1918
Judges
Evans, Ladd, Preston, Salinger
Citations
184 Iowa 1339
Disposition
Affirmed.
Headnotes
DEEDS: Deed Effective after Death of Grantor., An ordinary warranty deed passes title in fee on delivery, notwithstanding the following provision therein, to wit: “This deed is not to take effect during the lifetime of either of the grantors, hut after the death of Thomas Leonard and Mary Leonard, then this deed to vest title in Thomas Wren.”
Summary
Appeal from Marion District Court. — J. H. Applegate, Judge. Suit to quiet title. A demurrer to the petition was sustained. Plaintiff appeals.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Evans

Text extracted by OCR from a scanned original; check the original for exact wording.

Evans, J.

The real objective of the present suit is to obtain a decree holding void a deed of real estate, on the ground that it was wholly testamentary in character, and conveyed no present interest. The deed was delivered and recorded in 1886. It contained the following reservation:

*1340 “This deed is not to take effect during the lifetime of either of the grantors, but after the death of Thomas- Leonard and Mary Leonard, then this deed to vest complete title in Thomas Wren,” etc.

Thomas Leonard died in possession, in 1915. The plaintiffs’ claim of invalidity is based upon the proviso here quoted.

The question thus presented -has been before us in somewhat varying form in several previous cases. These cases have all been reviewed by us in the recent case of Shaull v. Shaull, 182 Iowa 770 . It will be noted that, in the Shaull case, we have receded from the holding in some of our previous cases.

The holding in the Shaull case is decisive of the case before us. The decree of the district court is, accordingly,— Affirmed.

Preston, C. J., Ladd and Salinger, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1921: 11927: 11928: 11929: 11934: 11944: 11951: 119212026peak 1921 · 1

Relies on it most ⓘ

  1. Manchester v. Loomis191 Iowa 554 (1921)
  2. Schenck v. Schenck50 N.W.2d 33 (Iowa 1951)
  3. Hall v. Hall218 N.W. 35 (Iowa 1928)
  4. Goodman v. Andrews213 N.W. 605 (Iowa 1927)
  5. Burmeister v. Hamann226 N.W. 10 (Iowa 1929)
  6. Browne v. Johnson255 N.W. 862 (Iowa 1934)

Most recent

  1. Schenck v. Schenck50 N.W.2d 33 (Iowa 1951)
  2. Trustees of the Synod of the Reformed Presbyterian Church v. Horel16 N.W.2d 209 (Iowa 1944)
  3. Browne v. Johnson255 N.W. 862 (Iowa 1934)
  4. Burmeister v. Hamann226 N.W. 10 (Iowa 1929)
  5. Hall v. Hall218 N.W. 35 (Iowa 1928)
  6. Goodman v. Andrews213 N.W. 605 (Iowa 1927)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Shaull v. Shaull, 182 Iowa 770 (1918) 22

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