Bowman v. Officer & Pusey
Supreme Court of Iowa
Appeal from, Pottawattamie Circuit Court. The plaintiff Henderson, being the Owner of certain lots in Council Bluffs, conveyed an interest therein to Eobert Boyce. Afterward, in 1856 or 1857, said plaintiff and his brother furnished Boyce with about $10,000, with which Boyce purchased certain lands in Monona and Pottawattamie counties in this State, the title to which was taken 'by Boyce in his own name.
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Appeal from, Pottawattamie Circuit Court. The plaintiff Henderson, being the Owner of certain lots in Council Bluffs, conveyed an interest therein to Eobert Boyce. Afterward, in 1856 or 1857, said plaintiff and his brother furnished Boyce with about $10,000, with which Boyce purchased certain lands in Monona and Pottawattamie counties in this State, the title to which was taken 'by Boyce in his own name. Boyce and the Hendersons resided in South Carolina, and when the war of the Bebellion broke out they joined the Confederate army, and in 1863 Boyce died intestate without having made a…
1Opinion of the CourtSeevees, J.
I. As to the Monona county lands. In equity they were the property of the Hendersons. Having been purchased with their money the title taken .by Boyce must be held to have been taken in trust for them. Said lands could not be subjected to the payment of the debts of Boyce unless the estate acquired an interest therein as against the defendants under the compromise decree in March, 1879. There is no evidence .tending to show that the defendants at any time acted as the agents of Boyce, and in 1866 said lands *642were purchased by them at tax sale, and the certificate of purchase assigned to…
2Cases cited4 opinions
- McMahon v. McGrawWisconsin Supreme Court · 1870
- Krutz v. FisherSupreme Court of Kansas · 1871
- West Buffaloe Township v. Walker TownshipSupreme Court of Pennsylvania · 1838
- Eckrote v. MyersSupreme Court of Iowa · 1875
3Cited by6 opinions
- Steinbeck v. Bon Homme Mining Co.Court of Appeals for the Eighth Circuit · 1907
- Collins v. McClurgColorado Court of Appeals · 1892
- Fountain Coal Co. v. PhelpsIndiana Supreme Court · 1884
- Siers v. WisemanWest Virginia Supreme Court · 1905
- Moore v. BattenNew York Supreme Court · 1893
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