Dunlap v. Thomas
Supreme Court of Iowa
Appeals from Hamilton Circuit Court. Margaret M. Dunlap was the widow of James Dunlap, who died intestate in 1883. The said James Dunlap at one time was seized of two parcels of real estate in Hamilton county. In the year 1869 he sold and conveyed said real estate to one Joseph Counts.
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Appeals from Hamilton Circuit Court. Margaret M. Dunlap was the widow of James Dunlap, who died intestate in 1883. The said James Dunlap at one time was seized of two parcels of real estate in Hamilton county. In the year 1869 he sold and conveyed said real estate to one Joseph Counts. Margaret M. Dunlap was his wife at the time this conveyance was made, but she did not join therein, and after the death of her husband she brought these actions in equity to recover, and have set off to her, one-third of the property. The defendants claim under the conveyance from Counts. Margaret M. Dunlap…
1Opinion of the CourtReed, J.
It is not claimed that Margaret M. Dunlap was guilty of any misrepresentation or concealment as to her interest in the property, or that Counts made the purchase in ignorance of the fact that she had a dower right in it. Tire *360claim is that she and her heirs at law are now estopped by her act in receiving and retaining the purchase-money, and her promise made, in consideration of the payment of that money to her, that she would never assert a claim to the property under her right of dower. It has frequently been held that 'an estoppel would be raised against a party by his promise when he was…
2Cases cited4 opinions
- Faxton v. FaxonMichigan Supreme Court · 1873
- McKee v. ReynoldsSupreme Court of Iowa · 1869
- Lomax v. Smyth & Co.Supreme Court of Iowa · 1878
- Mansur v. HaugheyIndiana Supreme Court · 1878
3Cited by12 opinions
- Fisher v. KoontzSupreme Court of Iowa · 1899
- Fuller v. S. C. Tax CommissionSupreme Court of South Carolina · 1924
- Ditson v. DitsonSupreme Court of Iowa · 1892
- Garner v. FrySupreme Court of Iowa · 1898
- Hilton v. SloanUtah Supreme Court · 1910
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