Legal Opinion

Johnson v. Foust

Supreme Court of Iowa

Decided January 15, 1913PublishedCited by 6 opinions

Appeal from Benton District Court. — Hon. Clarence Nichols, Judge. Suit in equity to establish a resulting trust in certain lands, the legal title to which is in defendant William K. Foust. The trial court rendered a decree for plaintiffs, and defendant appeals — Modified and Affirmed.

1Opinion of the CourtDeemer, J.

Plaintiffs are the children of William K. and Anna R. Foust and the sole and only heirs of Anna R. Foust, who died April 23, 1903. They brought this suit to establish a resulting trust in favor of their mother in a certain fractional quarter of land in Butler county, the legal title to which is in their father, the defendant. The defendant denied the alleged trust, pleaded the statute of limitations, laches, and adverse possession, and, upon the testimony adduced, the trial court made the following findings of fact and conclusions of law:

Prior to the year 1878 Anna R. Foust received from the…

2Cases cited11 opinions

  1. McClenahan v. StevensonSupreme Court of Iowa · 1902
  2. Murphy v. MurphySupreme Court of Iowa · 1890
  3. Culp v. PriceSupreme Court of Iowa · 1899
  4. Zunkel v. ColsonSupreme Court of Iowa · 1899
  5. Andrew v. AndrewSupreme Court of Iowa · 1901

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3Cited by6 opinions

  1. Robbins v. BeattySupreme Court of Iowa · 1954
  2. Foster v. ThorntonSupreme Court of Florida · 1937
  3. Williams v. MonzingoSupreme Court of Iowa · 1944
  4. Sinclair v. AllenderSupreme Court of Iowa · 1947
  5. Lowell v. LowellSupreme Court of Iowa · 1919

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

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