Franklin v. Tuckerman
Supreme Court of Iowa
Appeal from Blaoh Hawlc Ovrouit Gowrt. Action in equity to enforce the specific performance of a contract. Defendants are the heirs at law of Sarah A. Franklin, who died seized of the property in question on the ninth day of October, 1884. Sarah A. Franklin was the widow of Simeon Franklin, who died in 1881, and she acquired title to the property by a conveyance and assignment executed by her husband in 1875. She was the second wife of said Simeon, and plaintiff is his…
Read the full summary
Appeal from Blaoh Hawlc Ovrouit Gowrt. Action in equity to enforce the specific performance of a contract. Defendants are the heirs at law of Sarah A. Franklin, who died seized of the property in question on the ninth day of October, 1884. Sarah A. Franklin was the widow of Simeon Franklin, who died in 1881, and she acquired title to the property by a conveyance and assignment executed by her husband in 1875. She was the second wife of said Simeon, and plaintiff is his daughter by the first wife. By the conveyance and assignment under which Sarah A. held the property, the husband transferred…
1Opinion of the CourtReed, J.
Counsel for plaintiff do not claim that they have proven a contract between Simeon and Sarah A. Franklin for the conveyance by the latter of the property to plaintiff and her brother; but they claim to recover on the alleged contract between plaintiff and Sarah A. Franklin for the conveyance by the latter of the property to plaintiff in consideration of her services in nursing and caring for her, and in attending to and caring for her business and property. The alleged contract was in parol, and the effort of plaintiff has been to take the case out of the statute of frauds by proving a part…
2Cited by21 opinions
- Chehak v. BattlesSupreme Court of Iowa · 1907
- Daily ex rel. Daily v. MinnickSupreme Court of Iowa · 1902
- Bevington v. BevingtonSupreme Court of Iowa · 1907
- In Re Estate of NewsonSupreme Court of Iowa · 1928
- Velikanje v. DickmanWashington Supreme Court · 1917
16 more not listed; retrieve them via the Exa API.