Hagan v. Powers
Supreme Court of Iowa
Appeal from Union District Court. — Hon. W. H. Ted-ford, J uclge. Plaintiff states as his canse of action that in December, 1873, he purchased from Joseph Shaw a certain quarter section of land in Adair county, with his own property and funds, and caused the same to be conveyed to his then wife, Mary E. Hagan, by reason of which she thereafter held the title as trustee for plaintiff; that she received said trust, and agreed to safely hold said land for plaintiff’s 'benefit;…
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Appeal from Union District Court. — Hon. W. H. Ted-ford, J uclge. Plaintiff states as his canse of action that in December, 1873, he purchased from Joseph Shaw a certain quarter section of land in Adair county, with his own property and funds, and caused the same to be conveyed to his then wife, Mary E. Hagan, by reason of which she thereafter held the title as trustee for plaintiff; that she received said trust, and agreed to safely hold said land for plaintiff’s 'benefit; that at the purchase the land was unimproved; that plaintiff improved it, and has ever since controlled it; that Mrs.…
1Opinion of the CourtGiven, J.
1 1. A consideration of the question involved renders it necessary that we first determine the facts. There is no dispute that the plaintiff purchased the land in controversy in 1873, it being then unimproved; that he caused the title to be conveyed to his wife, who continued to hold the same until her death, October 10, 1891, when she died, intestate, and without issue, leaving the defendant her only surviving parent. During these years the plaintiff and *596his wife resided upon an adjacent farm in Union county, and the plaintiff improved, controlled, and used the land in question, as his own.…
2Cases cited2 opinions
- Cole v. MarshSupreme Court of Iowa · 1894
- Dysart v. FurrowSupreme Court of Iowa · 1894
3Cited by4 opinions
- Collins v. CollinsArizona Supreme Court · 1935
- Amidon v. SnoufferSupreme Court of Iowa · 1908
- Fleischer v. FleischerNorth Dakota Supreme Court · 1902
- Ratliff v. ElwellSupreme Court of Iowa · 1909