McClain v. McClain
Supreme Court of Iowa
Appeal from Polk Circuit Court. Action in chancery to enforce a trust of certain land, the fee simple title whereof, it is alleged, was held by the defendant in trust for the plaintiff. The relief prayed for in the petition is, that defendant be required to account to plaintiff for the proceeds of the land which has been sold. There was a decree dismissing plaintiff’s petition, from which she appeals.
1Opinion of the CourtBeck, J.
I. The petition alleges that in 1860 the plaintiff’s father owned one hundred and sixty acres of land in the state of Kansas, which he conveyed to defendant under an oral agreement that it was to be held in trust for plaintiff until she attained her majority, when defendant was to convey the land to plaintiff. It is alleged that by means of a fraudulent agreement of defendant, plaintiff’s father was induced toconve}7 the land to defendant and that the deed, through mistake, was not made to contain the agreement of defendant to hold the land in trust, but is absolute in form and conveys to…
2Cases cited1 opinion
- Burden v. SheridanSupreme Court of Iowa · 1872
3Cited by14 opinions
- Acker v. PriestSupreme Court of Iowa · 1894
- Vogel v. ShawWyoming Supreme Court · 1930
- Dunn v. Zwilling Bros.Supreme Court of Iowa · 1895
- Gregory v. BowlsbySupreme Court of Iowa · 1902
- Halligan v. FreySupreme Court of Iowa · 1913
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