Washburn v. Carmichael
Supreme Court of Iowa
Appeal from, Jefferson District Oowrt. Action in chancery. The petition alleges that plaintiff, with a brother, inherited from their father certain real estate in Jefferson county; that at the death of their father they were minors, and one William L. Hamilton was appointed and duly qualified as the guardian of their property; that in 1835 the county court made an order directing the sale of the real estate in question, and that under this order the guardian, in 1861, sold…
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Appeal from, Jefferson District Oowrt. Action in chancery. The petition alleges that plaintiff, with a brother, inherited from their father certain real estate in Jefferson county; that at the death of their father they were minors, and one William L. Hamilton was appointed and duly qualified as the guardian of their property; that in 1835 the county court made an order directing the sale of the real estate in question, and that under this order the guardian, in 1861, sold the interest of plaintiff and her brother in said lands, and executed a deed therefor, which was approved by the county…
1Opinion of the CourtBeck, J.
^AUEtrequisi? tes of petition. I. By the demurrer to the petition two questions are raised which are presented in the briefs of counsel. The first is this: The plaintiff in her petition does not offer to re-pay to defendants the for which the lands, were sold by the guardian. The petition therefor, it is contended, under the rule that he who seeks equity must do equity,'does not exhibit a state of facts which entitles plaintiff to relief. In support of this position it is argued that the law will presume that plaintiff had received the benefits of the money paid for the land upon the…
2Cases cited3 opinions
- Pursley v. HayesSupreme Court of Iowa · 1867
- Good v. NorleySupreme Court of Iowa · 1869
- Young v. DanielsSupreme Court of Iowa · 1855
3Cited by8 opinions
- Myers v. McGavockNebraska Supreme Court · 1894
- Lyon v. VanattaSupreme Court of Iowa · 1872
- Perrin v. ChidesterSupreme Court of Iowa · 1913
- In Re Guardianship of JordanSupreme Court of Iowa · 2000
- Mullin v. WhiteSupreme Court of Iowa · 1907
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