York v. Clemens
Supreme Court of Iowa
Appeal from Marshall Circuit Court. Action at law. An amended petition, filed after the commencement of the trial, sets out the cause of action in the following words: “ That prior to the 16th day of September, A. D. 1872, plaintiff, being an experienced miner, prospected for and discovered coal on certain land in Boone county, Iowa, to-wit:' The north-west quarter of the south-east quarter and the south one-fifth of the south-west quarter of the south-west quarter of the…
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Appeal from Marshall Circuit Court. Action at law. An amended petition, filed after the commencement of the trial, sets out the cause of action in the following words: “ That prior to the 16th day of September, A. D. 1872, plaintiff, being an experienced miner, prospected for and discovered coal on certain land in Boone county, Iowa, to-wit:' The north-west quarter of the south-east quarter and the south one-fifth of the south-west quarter of the south-west quarter of the north-east quarter, all in section 12, township 84, range 25, west 5th P. M., Iowa; said forty acres being then owned by…
1Opinion of the Court
Beck, J. —
I. The plaintiff introduced evidence tending to support the allegations of fxict contained in the petition, which, at the time, was objected to on the ground that a trust and the sale of lands were sought to be established by parol evidence.
The axnended petition was also assailed.by a motion in ari'est of judgment, on the ground that plaintiff seeks to recover under an express ti’ust which is not evidenced by writing, the defendant appearing to hold the title of the land for the use *101and benefit of plaintiff, whose interest therein is not shown by written instrument as required by…
2Cited by15 opinions
- Coward v. ClantonCalifornia Supreme Court · 1889
- McKinnon v. McKinnonCourt of Appeals for the Eighth Circuit · 1893
- Meagher v. ReedSupreme Court of Colorado · 1890
- Tenney v. SimpsonSupreme Court of Kansas · 1887
- Paige v. PaigeSupreme Court of Iowa · 1887
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