Holland v. Kelly
Supreme Court of Iowa
Appeal from, Johnson District Court. — Hon. E. P. Howell, Judge. Action at law to recover possession of certain certificates of deposit alleged to be a part of the estate of Michael Kelly, deceased, and to he wrongfully detained by the defendant. The plaintiff appeals from the ruling of the trial court setting aside a verdict in his favor and granting a new trial on the defendant’s motion.
1Per curiam
That the defendant, Catherine Kelly, has possession of certain certificates of deposit formerly owned and held by Michael Kelly in his .lifetime, is conceded, but she claims to have become, and to be now, the rightful owner and holder of said instruments by virtue of a gift made to her hy the said Michael before his death. This defense is denied by the plaintiff, who further alleges that at the time of the said gift Michael Kelly was of unsound mind. The cause was tried to a jury, which returned a verdict in favor of plaintiff for the possession of the papers in ■ controversy. After the…
2Cases cited2 opinions
- Dewey v. Chicago & N. W. R. R.Supreme Court of Iowa · 1871
- Royer v. King's Crown Plaster Co.Supreme Court of Iowa · 1910
3Cited by15 opinions
- Morton v. Equitable Life InsuranceSupreme Court of Iowa · 1934
- Burke v. ReiterSupreme Court of Iowa · 1950
- Woodbury Co. v. Dougherty & Bryant Co.Supreme Court of Iowa · 1913
- Farnsworth v. HazelettSupreme Court of Iowa · 1924
- Thomas v. Illinois Central RailroadSupreme Court of Iowa · 1915
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