Andrews v. Oxley
Supreme Court of Iowa
Appeal from Linn CircvAt Cowrt. The plaintiff filed his x>etition in equity, as follows: “ 1. That on or about the 1st day of May, 1870', he was the owner in fee of lot 8 in block No. 16, in the town of Marion, Linn county, Iowa, of the value of $500 and used and occupied by himself and wife as a homestead, and that about said time he exchanged the same for the south-east J of the north-east £ of section 13, township 83, range 6, and the south-west J of the north-west \ of…
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Appeal from Linn CircvAt Cowrt. The plaintiff filed his x>etition in equity, as follows: “ 1. That on or about the 1st day of May, 1870', he was the owner in fee of lot 8 in block No. 16, in the town of Marion, Linn county, Iowa, of the value of $500 and used and occupied by himself and wife as a homestead, and that about said time he exchanged the same for the south-east J of the north-east £ of section 13, township 83, range 6, and the south-west J of the north-west \ of section 18, township 83, range 5, in the County of Linn, Iowa, containing 80 acres and paid the additional sum of $100,…
1Opinion of the CourtDay, J.
husband and pUea Irust • Susbanif and wife- — We know of no recognized head of equity jurisdiction to which the relief asked can be referred. It is claimed that the transaction creates an implied trust. Nn implied trust usually arises in favor of a purchaser, who pays the money, and takes the conveyance in the name of another. The origin of this trust is the presumption that one who supplies the money intends the purchase for his own benefit rather than for that of another. So that usually, in the absence of all rebutting circumstances, proof that the purchase money was furnished by one and…
2Cited by7 opinions
- Sinclair v. AllenderSupreme Court of Iowa · 1947
- Hoon v. HoonSupreme Court of Iowa · 1905
- Hayes v. DeanSupreme Court of Iowa · 1917
- Schroeder v. ToddSupreme Court of Iowa · 1957
- Barth v. SeversonSupreme Court of Iowa · 1921
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