Legal Opinion

Allbright v. Hannah

Supreme Court of Iowa

Decided October 9, 1897PublishedCited by 15 opinions

Appeal from Davis District Court. — Hon. F. W. Eiohelberger, Judge. This is a proceeding to establish a claim against the estate of Louis Remey, deceased, based upon the assumption that Remey sold and agreed to 'convey to the claimant forty acres of land in Davis county, and that, instead of making the conveyance as agreed, the land was sold by Remey before his death, to claimant’s damage in the sum of one thousand, two hundred dollars.

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Appeal from Davis District Court. — Hon. F. W. Eiohelberger, Judge. This is a proceeding to establish a claim against the estate of Louis Remey, deceased, based upon the assumption that Remey sold and agreed to 'convey to the claimant forty acres of land in Davis county, and that, instead of making the conveyance as agreed, the land was sold by Remey before his death, to claimant’s damage in the sum of one thousand, two hundred dollars. Defendant denies the sale or conveyance of the land to plaintiff; pleads the statute of limitations and the statute of frauds; avers that the land was the…

1Opinion of the CourtDeemer, J.

1 The exact claim made by plaintiff in his petition is that 'he married the daughter of Remey about twenty-three years ago, and at or about the timé of the marriage, Remey and his wife promised that if plaintiff would move a house, which 'he had then commenced to build upon his father’s land, to the land in question, clear it off, fence and improve it, he (deceased) would give it to plaintiff, or that it should be plaintiff’s at the time of his (Remey’s) death or when he (Remey) was done with it; that plaintiff moved onto, the place, made improvements thereon, cleared it off, and fenced it,…

2Cases cited16 opinions

  1. Carmichael v. CarmichaelMichigan Supreme Court · 1888
  2. Parsell v. . StrykerNew York Court of Appeals · 1869
  3. Ferguson v. MasonWisconsin Supreme Court · 1884
  4. Ottumwa, Cedar Falls & St. Paul R'y Co. v. McWilliamsSupreme Court of Iowa · 1887
  5. Franklin v. TuckermanSupreme Court of Iowa · 1886

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

3Cited by15 opinions

  1. Chehak v. BattlesSupreme Court of Iowa · 1907
  2. Bird v. JacobusSupreme Court of Iowa · 1901
  3. Ross v. RossSupreme Court of Iowa · 1910
  4. Chantland v. ShermanSupreme Court of Iowa · 1910
  5. Alvis v. AlvisSupreme Court of Iowa · 1904

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

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