Allen v. Withrow
Supreme Court of the United States
ON APPEAR FROM THE CIRCTHT COURT OF THE UNITED STATES FOR THE DISTRICT OF IOWA. Bill in equity by beirs at law of Tbusie M. Allen to enforce a trust in relation to real and personal estate claimed to have been made in her favor in her lifetime. Answer denying the trust; and cross-bill by one defendant asking that plaintiffs .might be perpetually restrained from setting up their claim. Judgment below for defendants .in the original suit and sustaining the cross-bill.
Read the full summary
ON APPEAR FROM THE CIRCTHT COURT OF THE UNITED STATES FOR THE DISTRICT OF IOWA. Bill in equity by beirs at law of Tbusie M. Allen to enforce a trust in relation to real and personal estate claimed to have been made in her favor in her lifetime. Answer denying the trust; and cross-bill by one defendant asking that plaintiffs .might be perpetually restrained from setting up their claim. Judgment below for defendants .in the original suit and sustaining the cross-bill. Plaintiffs in original suit and defendants in cross-suit, appealed.
1Opinion of the CourtJustice Field
In November, 1875, one John F. Tracy, now deceased, executed to the defendant, Thomas F. "Withrow, a deed of a large amount of property, r§al and personal, of great value, situated in Iowa.' It is alleged that this deed, though absolute in form, was made in trust for one Thusie M. Allen, also now deceased, and the present suit is brought by her heirs-at-law to charge Withrow, as trustee, and compel him to account to them for the property. Withrow denies the alleged trust, and claims that he owns in his own right an undivided half interest in the property, and that the other undivided half…
2Cases cited2 opinions
- Drury v. FosterSupreme Court of the United States · 1865
- Swartz v. BallouSupreme Court of Iowa · 1877
3Cited by73 opinions
- American Casualty Insurance Company's CaseCourt of Appeals of Maryland · 1896
- Riddle v. WhitehillSupreme Court of the United States · 1890
- Carr v. Yokohama Specie Bank, Limited, of San FranciscoCourt of Appeals for the Ninth Circuit · 1952
- Lafferty v. LaffertyWest Virginia Supreme Court · 1896
- Trubey v. PeaseIllinois Supreme Court · 1909
68 more not listed; retrieve them via the Exa API.