Legal Opinion

McElroy v. Allfree

Supreme Court of Iowa

Decided June 13, 1906PublishedCited by 10 opinions

Appeal from, Jasper District Court.— Hon. Byron W. Preston, Judge. Suit in equity to have the title to certain land standing in the name of- George D. Wood, deceased, declared to be held by him in trust for the bank of which plaintiff is receiver. Elizabeth Wood is the widow of. George D. Wood, deceased, and she denied the allegations of plaintiff’s petition and asked that her interest in the land as a survivor of her husband be- protected.

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Appeal from, Jasper District Court.— Hon. Byron W. Preston, Judge. Suit in equity to have the title to certain land standing in the name of- George D. Wood, deceased, declared to be held by him in trust for the bank of which plaintiff is receiver. Elizabeth Wood is the widow of. George D. Wood, deceased, and she denied the allegations of plaintiff’s petition and asked that her interest in the land as a survivor of her husband be- protected. Allfree, the administrator, denied the allegations of plaintiff’s petition, pleaded that his intestate was the owner of the land at the time of his death,…

1Opinion of the Court

Deemer, J.—

George D. Wood, now deceased, was the managing officer and cashier of a partnership composed of himself and Alexander Wood doing a banking business in the town of Colfax, under the name and style of the “ Bank of Colfax.” George D. Wood died by his own hand and W. O. McElroy was appointed receiver of the bank. Allfree was appointed administrator of the George D. Wood estate. Elizabeth Wood is the widow of George D1., and Clifton D. and Hazel are his minor heirs. Prior to the year 1891, E. N. Stewart was the owner of the land in controversy. At divers dates about the year named…

2Cases cited20 opinions

  1. Mallow v. WalkerSupreme Court of Iowa · 1901
  2. Trucks v. LindseySupreme Court of Iowa · 1865
  3. Arnold v. CordIndiana Supreme Court · 1861
  4. Dunn v. Zwilling Bros.Supreme Court of Iowa · 1895
  5. Slowey v. McMurraySupreme Court of Missouri · 1858

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3Cited by10 opinions

  1. Hart v. HartSupreme Court of Iowa · 1917
  2. Calhoun v. TaylorSupreme Court of Iowa · 1916
  3. Exchange Bank of Perry v. NicholsSupreme Court of Oklahoma · 1945
  4. Olson v. SievertSupreme Court of Iowa · 1947
  5. Kleinsorge v. ClarkSupreme Court of Iowa · 1942

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