Legal Opinion

Hutton v. Doxsee

Supreme Court of Iowa

Decided February 11, 1902PublishedCited by 14 opinions

Appeal from Jones District Court. — Hon. H. M. Kemley, Judge. Plaintiff filed a claim against tbe estate of M. H. Hutton, deceased, for work and labor performed at tbe instance and request of said Hutton, and, in a second count, for damages growing out of tbe deceased’s failure to comply with a contract, whereby be (tbe deceased) agreed upon a sufficient consideration to deed plaintiff a farm in Jones county, Iowa.

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Appeal from Jones District Court. — Hon. H. M. Kemley, Judge. Plaintiff filed a claim against tbe estate of M. H. Hutton, deceased, for work and labor performed at tbe instance and request of said Hutton, and, in a second count, for damages growing out of tbe deceased’s failure to comply with a contract, whereby be (tbe deceased) agreed upon a sufficient consideration to deed plaintiff a farm in Jones county, Iowa. Tbe administrator denied tbe claim, and pleaded a counterclaim for tbe use and occupation of tbe farm. Tbe case on tbe issues tbus joined was tried to a jury, resulting in a…

1Opinion of the Court

Deemer, J. —

1 Plaintiff claims that the deceased, who was his father, on or about September 18, 1885, agreed, to give him a farm in Jones county, which the deceased then owned, as his portion of the father’s estate, if he (plaintiff) would remain upon and cultivate it, pay taxes and interest on a $3,000 mortgage, which deceased then contemplated placing on the land, and after the death of the father pay certain heirs the sum of $900; that he entered into the possession of the farm under this agreement, and has ever since been in the possession thereof as owner; that he has paid the taxes on…

2Cases cited18 opinions

  1. Cooley v. . LobdellNew York Court of Appeals · 1897
  2. Denning v. ButcherSupreme Court of Iowa · 1894
  3. McElhenney v. HendricksSupreme Court of Iowa · 1891
  4. Walkley v. ClarkeSupreme Court of Iowa · 1899
  5. Dysart v. FurrowSupreme Court of Iowa · 1894

13 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Warten v. BlackSupreme Court of Alabama · 1915
  2. Thompson v. RomackSupreme Court of Iowa · 1916
  3. In Re Estate of DolmageSupreme Court of Iowa · 1927
  4. Johnston v. BaldockSupreme Court of Oklahoma · 1921
  5. Larkin v. City of MinneapolisSupreme Court of Minnesota · 1910

9 more not listed; retrieve them via the Exa API.

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