Barber v. Wiemer
Supreme Court of Iowa
Appeal from- Crawford District Court. — E. G. Albert, Judge. Plaintiff, as trustee in bankruptcy of the estate of Frank and Henry Wiemer, bankrupts, instituted this action in equity, June 23, 1914, to terminate a trust and to •recover said bankrupts’ alleged equitable interest in 1(50 acres of land, asking for an accounting against Ida L. Wiemer, trustee, for said bankrupts’ share of the rents and profits of the lands.
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Appeal from- Crawford District Court. — E. G. Albert, Judge. Plaintiff, as trustee in bankruptcy of the estate of Frank and Henry Wiemer, bankrupts, instituted this action in equity, June 23, 1914, to terminate a trust and to •recover said bankrupts’ alleged equitable interest in 1(50 acres of land, asking for an accounting against Ida L. Wiemer, trustee, for said bankrupts’ share of the rents and profits of the lands. Defendants Frank and' Henry were adjudged bankrupts in May, 1914, and were ' discharged in October, 1.915. The trial court found for plaintiff; denied reformation of the deed;…
1Opinion of the CourtStevens, J.
I. Plaintiff alleges substantially thqt, on November 7, 1895, one Sophia Lambach, being then the owner in fee simple, conveyed by trust deed to defendant Ida L: Wiemer, as trustee, for the use and benefit of herself and children, including said bankrupt defendants, 160 acres of land in Crawford County, Iowa, a particular description of which is given in the pleadings; that said two bankrupts, under and by virtue of said deed, were the equitable owners of an undivided 26/60 interest in said land; that, by operation of law, plaintiff, as trustee in bankruptcy, succeeded to and became vested…
2Cases cited27 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- Johnson v. CollierSupreme Court of the United States · 1912
- Bevington v. BevingtonSupreme Court of Iowa · 1907
- Edwards v. SchillingerIllinois Supreme Court · 1910
- Hamilton v. WrightSupreme Court of Iowa · 1870
22 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Anderson v. HoffmanMontana Supreme Court · 1935