Collins v. Collins
Supreme Court of Iowa
Appeal from Davis District Court.— Hon. Robert Sloan, Judge. Caleb Collins died intestate and without issue August 11, 1905, seized of five farms, three in Iowa and two in Missouri.
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Appeal from Davis District Court.— Hon. Robert Sloan, Judge. Caleb Collins died intestate and without issue August 11, 1905, seized of five farms, three in Iowa and two in Missouri. His wife had departed this life in 1898. His heirs, the parties to this action, are two brothers, T. F. and John W. Collins, John H. Collins, the only child of a deceased brother, Andrew Collins, the sis children of another deceased brother, Robert Collins, and the heirs of a deceased sister, Sarah Ann Hollingsworth. The action was in partition, but the only issue tried was raised by the cross-petition of James H.…
1Opinion of the CourtLadd, C. J.
The issue tried was whether the deceased entered into a contract with James H. Collins about April, 1905, by the terms of which the former agreed to make out a deed to a tract of land known as the “ Savanah Farm,” and place the same in escrow, to be delivered upon his death to James as grantee therein named in consideration of services the latter had rendered him in the past, and then agreed to render in the future. The suggestion that the alleged agreement was not well pleaded is disposed of by the excerpts from the cross-petition and answer in the statement of facts preceding this opinion,…
2Cases cited1 opinion
- Williamson v. WilliamsonSupreme Court of Iowa · 1856
3Cited by4 opinions
- Fairall v. ArnoldSupreme Court of Iowa · 1939
- Vanston v. RupeSupreme Court of Iowa · 1953
- Minion v. AdamsSupreme Court of Iowa · 1917
- Witte v. GardnerSupreme Court of Iowa · 1913