Truman v. Truman
Supreme Court of Iowa
Appeal from Winneshiek District Court.- — Hon. Charles T. Granger, Judge. Action to enforce specific performance of an alleged gift of a certain tract of land to plaintiff’s husband, and that the same be adjudged her homestead. The following facts appear without question : The plaintiff is the wife of defendant Joseph Truman, son of defendant Thomas Truman, whose only other child is Yiolet Parker.
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Appeal from Winneshiek District Court.- — Hon. Charles T. Granger, Judge. Action to enforce specific performance of an alleged gift of a certain tract of land to plaintiff’s husband, and that the same be adjudged her homestead. The following facts appear without question : The plaintiff is the wife of defendant Joseph Truman, son of defendant Thomas Truman, whose only other child is Yiolet Parker. The plaintiff and Joseph were married in June, 1881, and thereafter resided together upon the half section of land described until in June, 1885, cultivating and managing the same as a farm; said…
1Opinion of the CourtGiven, J.
I. The plaintiff asks specific performance of a parol gift of certain lands,, described, alleged to have been made by defendant Thomas Truman to the defendant Joseph Truman, his son," and husband of the plaintiff, which Joseph Truman accepted, and upon the faith of which he took and retained possession of said land, and made lasting and valuable improvements thereon. That courts of equity will decree specific performance in such cases is well established. Moore v. Pierson, 6 Iowa, 298; Peters v. Jones, 35 Iowa, 518. Such cases are among the exceptions to the statutory rule that all contracts…
2Cases cited2 opinions
- Moore v. PiersonSupreme Court of Iowa · 1858
- Peters v. JonesSupreme Court of Iowa · 1872
3Cited by25 opinions
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- Ross v. RossSupreme Court of Iowa · 1910
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