Miller v. Hollingsworth
Supreme Court of Iowa
Appeal from Jasper District Gov/rt. On the 4th day of March, 1872, the plaintiff filed his petition as follows: “ Tour petitioner states that in the year 1868, defen dan t was the owner of the north-west quarter of the southwest quarter of section one, township eighty-one, range twenty west.
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Appeal from Jasper District Gov/rt. On the 4th day of March, 1872, the plaintiff filed his petition as follows: “ Tour petitioner states that in the year 1868, defen dan t was the owner of the north-west quarter of the southwest quarter of section one, township eighty-one, range twenty west. That in May of said year, Frederick Hollingsworth, who was at the time the husband of defendant, purchased of petitioner five thousand feet of lumber with which to erect a dwelling-house for the family of defendant. That the price orally agreed on between the said Frederick and petitioner as the value of…
1Opinion of the CourtCole, J.
— Giving to the averments of the petition, and especially the averment that the lumber was furnished and *165used in the improvement of the defendant’s rea.1 property *e with the full knowledge cmd acquiescence of the defendant,” & liberal construction, we hold that the demurrer should have been overruled. Full knowledge and acquiescence under such an interpretation would imply that the defendant knew the lumber was purchased by the husband without being paid for by him; that while it was so unpaid for, it was being used in the improvement of her real estate to the enhancement of its value, and…
2Cases cited1 opinion
- Patton v. KinsmanSupreme Court of Iowa · 1864
3Cited by11 opinions
- Behrens v. KruseSupreme Court of Minnesota · 1913
- Holmes v. HutchinsNebraska Supreme Court · 1894
- Janes v. OsborneSupreme Court of Iowa · 1899
- Young v. InmanSupreme Court of Iowa · 1910
- Royal Lumber Co. v. HoelznerSupreme Court of Iowa · 1924
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