Mueller v. Batcheler
Supreme Court of Iowa
Appeal from Clinton District Court.— IIon. James W. Bollinger, Judge. Action to specifically enforce as against defendants, who are the heirs of Mrs. L. M. Knight, deceased, an agreement made between Mrs. Knight and her husband, also deceased, by which she agreed to will, devise, and bequeath to the plaintiff all the property, real and personal, belonging to her at the time of her death, and to quiet the title of plaintiff as against said heirs to certain described real…
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Appeal from Clinton District Court.— IIon. James W. Bollinger, Judge. Action to specifically enforce as against defendants, who are the heirs of Mrs. L. M. Knight, deceased, an agreement made between Mrs. Knight and her husband, also deceased, by which she agreed to will, devise, and bequeath to the plaintiff all the property, real and personal, belonging to her at the time of her death, and to quiet the title of plaintiff as against said heirs to certain described real estate and personal property. Defendants resisted the enforcement of the alleged contract, and, as the result of -a trial on…
1Opinion of the Court
McClain, C. J.—
The finding of the court is that in 1900 William C. Knight executed and delivered a deed in favor of his wife, L. M. Knight, to the real estate, and bill of sale to the personal property, of which he was then seised or possessed, and that as a part of the same transáction Mrs. L. M. Knight executed and delivered in favor of William O. Knight a deed to all the real estate of which she was the owner, the mutual agreement being that the survivor of them on the death of the other was to own all the property, the deed executed by the survivor to be destroyed, and that the survivor…
2Cases cited8 opinions
- Hurlburt v. . HurlburtNew York Court of Appeals · 1891
- Hebbard v. . HaughianNew York Court of Appeals · 1877
- O'Brien v. SpaldingSupreme Court of Georgia · 1897
- Childs v. MerrillSupreme Court of Vermont · 1894
- Smith v. LongIllinois Supreme Court · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Baker v. SyfrittSupreme Court of Iowa · 1910
- Stewart v. ToddSupreme Court of Iowa · 1919
- Sinift v. SiniftSupreme Court of Iowa · 1939
- Henke v. Iowa Home Mutual Casualty CompanySupreme Court of Iowa · 1958
- Ball v. JamesSupreme Court of Iowa · 1916
20 more not listed; retrieve them via the Exa API.