Holland v. Hensley
Supreme Court of Iowa
Appeal from, the Polk District Court, The complainants ask, that the defendants be decreed to conv.ey to them all théir right, title, and interest, in certain lands in Polk county, Iowa, and aver, that Isaac Ash, the father of the complainant Eveline, and of the defendants, purchased two land warrants for the said Eveline, at the price of $220, which were intended by him, and were received by her, as an advancement; that the parties were at the time, to wit: the spring of…
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Appeal from, the Polk District Court, The complainants ask, that the defendants be decreed to conv.ey to them all théir right, title, and interest, in certain lands in Polk county, Iowa, and aver, that Isaac Ash, the father of the complainant Eveline, and of the defendants, purchased two land warrants for the said Eveline, at the price of $220, which were intended by him, and were received by her, as an advancement; that the parties were at the time, to wit: the spring of 1849, living in the state of Indiana, and in consequence of receiving said land warrants, they removed to the state of…
1Opinion of the CourtStockton, J.
Tbe complainants claim-; 1. That tbe land warrants were intended by Isaac Asb as an advancement to bis daughter, tbe complainant Eveline, and that tbe property in them passed to her by delivery, without assignment. 2. That tbe purchase of tbe lands with tbe warrants, in tbe name of Asb, raised a resulting trust in favor of complainants, which tbe other heirs of Asb are, in equity, bound to carry out, by tbe conveyance of tbe land to complainants. We.think that these conclusions are not warranted, either by tbe facts or tbe law.
In tbe first place, there is no sufficient evidence that Isaae Asb…
2Cases cited2 opinions
- M'Intire v. HughesCourt of Appeals of Kentucky · 1815
- Bibb v. SmithCourt of Appeals of Kentucky · 1833
3Cited by8 opinions
- Acker v. PriestSupreme Court of Iowa · 1894
- Gebhard v. SattlerSupreme Court of Iowa · 1874
- Patterson v. MillsSupreme Court of Iowa · 1886
- Burke v. BarronSupreme Court of Iowa · 1859
- Else v. KennedySupreme Court of Iowa · 1885
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