Pranger v. Pranger
Supreme Court of Iowa
Appeal from Lee District Court. — Oscar Hale, Judge. Action in equity to quiet title. ' Plaintiffs are the widow and son of Ben Pranger, deceased, who was the son of defendant. They allege that defendant made a gift to said deceased son, in parol, in 1904; that deceased took possession thereunder, farmed the land, claiming it as his own, until his death in 1915, for more than ten years, claiming to own the same; and that he made improvements.
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Appeal from Lee District Court. — Oscar Hale, Judge. Action in equity to quiet title. ' Plaintiffs are the widow and son of Ben Pranger, deceased, who was the son of defendant. They allege that defendant made a gift to said deceased son, in parol, in 1904; that deceased took possession thereunder, farmed the land, claiming it as his own, until his death in 1915, for more than ten years, claiming to own the same; and that he made improvements. After a trial on the merits, the district court dismissed plaintiffs’ petition, and they appeal.
1Opinion of the CourtPreston, C. J.
1. Gifts : evidence : weight and sufficiency. The question presented is largely one of fact. After a careful reading of the record, we are satisfied that the trial court was in error in dismissing the *640petition. It may not serve any useful purpose to set out the evidence in detail, in such a case, and we shall not attempt to do so, but state the evidence in a general way, and our conclusions.
The widow, Anna, testified, over proper objection raising the question as to the statute of frauds, and other objections, to a conversation between her deceased husband and the defendant, when she was…
2Cases cited3 opinions
- Bevington v. BevingtonSupreme Court of Iowa · 1907
- Albright v. AlbrightSupreme Court of Iowa · 1911
- Eckert v. Century Fire InsuranceSupreme Court of Iowa · 1910
3Cited by6 opinions
- Rance v. GaddisSupreme Court of Iowa · 1939
- Williams v. ChapmanSupreme Court of Iowa · 1951
- Lembke v. LembkeSupreme Court of Iowa · 1922
- Page v. ParksSupreme Court of Iowa · 1942
- Nugent v. DittelSupreme Court of Iowa · 1931
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