Wilmes v. Tiernay
Supreme Court of Iowa
Appeal from Plymouth District Court. — William Hutchinson, Judge. Suit in equity to compel the specific performance of a contract to convey real property. The facts are fully stated in the opinion.
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Appeal from Plymouth District Court. — William Hutchinson, Judge. Suit in equity to compel the specific performance of a contract to convey real property. The facts are fully stated in the opinion. There was a decree in the court below in favor of plaintiff against all of the defendants, but this appeal involves only a controversy between the defendant J. J. Tiémay and his codefendants and cross-petitioners herein as to the proper division of the proceeds to be derived from the sale of the land.
1Opinion of the CourtStevens, J.
The will of James Tiernay was admitted to probate in Plymouth County, Iowa, May 7, 1891. Something over 900 acres of land in said county was disposed of thereby, bnt this controversy relates only to the northwest quarter of the northwest quarter of Section 3, Township 92, Range 44. After disposing of all the rest of his estate, the testator, by the fifth clause of his will, authorized and directed his executors to sell the northeast quarter of the northeast, quarter of Section 3, Township 92, Range 44, Plymouth County, and expend the proceeds for masses for the benefit of himself and his…
2Cases cited19 opinions
- Burke v. BurkeIllinois Supreme Court · 1913
- Hoeffer v. CloganIllinois Supreme Court · 1898
- Coleman, &c. v. O'Leary's Exr.Court of Appeals of Kentucky · 1902
- Moran v. MoranSupreme Court of Iowa · 1897
- Will of BoeckWisconsin Supreme Court · 1915
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3Cited by4 opinions
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- Hoefling v. BorsenSupreme Court of Iowa · 1921
- Heins v. Bank of America National Trust & Savings Ass'nCalifornia Court of Appeal · 1933
- Trott v. HansonSupreme Court of Iowa · 1940