Malli v. Willett
Supreme Court of Iowa
Appeal from Winneshiek Circuit Court. . This is an application for the allowance of a claim against the estate of Eranz Mally, deceased. The claim is based upon an alleged contract in writing, by which the decedent bound-himself to give the plaintiff a lease for life, or a life estate, in certain land, and a lease for ten years upon certain other land. Upon a trial in the Circuit Court the claim was allowed to the extent of $2,000, and the administrator appeals.
1Opinion of the CourtRothrock, J.
I. The contract upon which the claim is based is as follows: “This agreement entered into this 22d day of October, 1870, by and between Eranz Mally, of Clayton county, State of Iowa, of the first part, and John Malli, of Winneshiek county, and State of Iowa, of the seeond part. Witnesseth: That, whereas, the said Eranz Mally, for a valuable, good and sufficient consideration received (the receipt whereof is hereby acknowledge), do hereby promise and agree with said John Malli, that I will grant a life lease to Christina Malli, the wife of John Malli, on the following described land, to-wit:…
2Cases cited1 opinion
- Maley v. MallySupreme Court of Iowa · 1879
3Cited by5 opinions
- Appeal of RottenbergerWisconsin Supreme Court · 1908
- Cass County Bank v. BrickerNebraska Supreme Court · 1892
- School District No. 61 v. AldersonSupreme Court Of The Territory Of Dakota · 1889
- Willett v. MalliSupreme Court of Iowa · 1885
- Picard v. SteinacherNebraska Supreme Court · 1939