Legal Opinion

Farrell v. Wallace

Supreme Court of Iowa

Decided October 23, 1913PublishedCited by 8 opinions

Appeal from Woodbury District Court. — Hon. F. R. Gaynor, Judge. Proceeding in equity for an accounting and for the establishing of a trust in real estate. From a decree dismissing plaintiff’s bill, he appeals.

1Opinion of the CourtWithrow, J.

I. By a proceeding in equity the appellant seeks for an accounting and to have a constructive trust éstablished in his favor in certain real property in Sioux City, the legal title to which is now in Maggie Wallace, one of the appellees.

The appellant, Patrick Farrell, was in 1906 the owner of the real estate sought to be affected by these proceedings, upon which there were incumbrances. Farrell was at the time indebted in other ways. James Wallace, one of the appellees, ■suggested as a means of caring for all of his obligations that Farrell execute a mortgage for $1,500, the proceeds of which…

2Cases cited3 opinions

  1. Schofield & Co. v. BlindSupreme Court of Iowa · 1871
  2. Smith v. ShermanSupreme Court of Iowa · 1901
  3. Detrick v. PattersonSupreme Court of Iowa · 1913

3Cited by8 opinions

  1. Rice v. Sioux City Memorial Park Cemetery, Inc.Supreme Court of Iowa · 1953
  2. Newell v. TweedSupreme Court of Iowa · 1949
  3. George Parks & Co. v. Howard Hotel Realty Co.Supreme Court of Iowa · 1925
  4. Babb v. Herring Motor Co.Supreme Court of Iowa · 1922
  5. Mead v. City National Bank of ClintonSupreme Court of Iowa · 1943

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