McCabe v. O'Connor
Supreme Court of Iowa
Appeal from Page Circuit Court. The plaintiff, James McCabe, shows that in 1879 he contributed five dollars to assist the defendant, Belle O’Connor, a poor sewing woman, to erect a small and inexpensive dwelling-house for herself.
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Appeal from Page Circuit Court. The plaintiff, James McCabe, shows that in 1879 he contributed five dollars to assist the defendant, Belle O’Connor, a poor sewing woman, to erect a small and inexpensive dwelling-house for herself. He now brings this action in equity to obtain a decree for the sale of the house, and for the repayment to him from the proceeds of the five dollars contributed, or so much of the five dollars as shall appear to be his equitable share of the proceeds. The case was referred to a referee, and twenty-five witnesses were examined. The referee reported in favor of the…
1Opinion of the Court
Adams, Ch. J.
The plaintiff was one of several subscribers to a fund, the whole amount of which appears to have been about $150. To that the defendant added between $60 and $70, and, with the fund so subscribed and added to, the house in question was erected. The defendant occupied the house for a time, but recently her circumstances have become such that it has become desirable for her to live elsewhere, and she now desires to rent or sell it. This action is brought to prevent her from doing so, and to dispose of it as above set forth. The plaintiff claimed that his contribution was not a…
2Cases cited1 opinion
- University of Des Moines v. LivingstonSupreme Court of Iowa · 1881
3Cited by5 opinions
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- Brown v. Marion Commercial ClubIndiana Court of Appeals · 1912
- Groomer v. McCullyMissouri Court of Appeals · 1902