Nelson v. Worrall
Supreme Court of Iowa
Appeal from Des Moines District Court. This is a proceeding in equity, commenced by plaintiffs, as the heirs of "William Wade (the -father), .against the defendants, as the heirs of Enoch Wade (the son), claiming the undivided half of certain real estate of great value, situated near to and in the city of Burlington.
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Appeal from Des Moines District Court. This is a proceeding in equity, commenced by plaintiffs, as the heirs of "William Wade (the -father), .against the defendants, as the heirs of Enoch Wade (the son), claiming the undivided half of certain real estate of great value, situated near to and in the city of Burlington. The claim is, that the property was entered by the son in his own name, the father furnishing one moiety of the-purchase-money, the title to one-half to be held by the son in trust for the father. The trust and agreement set up are expressly denied, and it is further insisted…
1Opinion of the CourtWright, J.
1. statote OT t?át.DS' If the contract alleged is established by the evidence, it is not, in onr opinion, within the statute of frauds. That is to say, if the father furnished his proper share of the purchase-money and the land was entered by the son in his own name, under a verbal agreement to convey to the father, the agreement may be enforced in equity.
And especially so if the father entered into possession in accordance with' this agreement, and held the land thereunder until the time of his death.
Such agreements have been frequently enforced in this State. McCoy v. Hughes, 1 G. Greene,…
2Cases cited4 opinions
- Baldwin v. ThompsonSupreme Court of Iowa · 1864
- Noel v. NoelSupreme Court of Iowa · 1855
- Bryant v. HendricksSupreme Court of Iowa · 1857
- Johnson v. HopkinsSupreme Court of Iowa · 1865
3Cited by5 opinions
- Bohm v. BohmSupreme Court of Colorado · 1885
- Robbins v. . RobbinsNew York Court of Appeals · 1882
- Sinclair v. AllenderSupreme Court of Iowa · 1947
- Johnson v. FoustSupreme Court of Iowa · 1913
- Ensminger v. EnsmingerSupreme Court of Iowa · 1888