Van Gorden v. Schuller
Supreme Court of Iowa
Appeal from Palo Alio District Court. — N. J. Lee, Judge. Suit in equity, for the specific performance of an alleged contract for conveyance of land. There was also a cross-action, or counterclaim, in equity, ashing that the alleged contract be found null and void, and that the same be canceled of record. Pending the trial, plaintiff dismissed his petition, and the issues upon the cross-petition were tried, and found in favor of defendants. The plaintiff appeals.
1Opinion of the CourtWeaver, J.
On May 21, 1919, the defendants Anthony F. Lodes, Frank J. Lodes, Margaret Schuller, Thera Namer, Mary Dawson, and Elizabeth Ruppert were the owners as tenants in common of 276 acres of land in Palo Alto County, Iowa, having acquired such title by descent from their father, Wencel Lodes, deceased. The defendant John Schuller had been the administrator of the estate of Wencel Lodes, but had settled the estate and been discharged. One or more of the heirs were nonresidents of the state; and by mutual consent, after Schuller was discharged as administrator, he continued to exercise a degree of…
2Cases cited5 opinions
- City of Lawton v. AyresSupreme Court of Oklahoma · 1914
- Cameron v. SmithMichigan Supreme Court · 1912
- Truitt v. MackamanSupreme Court of Iowa · 1913
- Board of Commissioners v. ScottIndiana Court of Appeals · 1898
- Rector of St. Stephen's Protestant Episcopal Church v. Rector of the Church of the TransfigurationAppellate Division of the Supreme Court of the State of New York · 1909
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- In Re Estate of EvansSupreme Court of Iowa · 1940
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