Erler v. Erler
Supreme Court of Iowa
Appeal from Carroll District Court.— Hon. Z. A. Church, Judge. Action in equity to compel, conveyance to plaintiff of the legal title to certain real estate, consisting of a vacant lot in the city of Carroll. Plaintiff and the defendant, Edmund Erler, are father and son, respectively. Defendant Anna Erler is the wife of Edmund.
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Appeal from Carroll District Court.— Hon. Z. A. Church, Judge. Action in equity to compel, conveyance to plaintiff of the legal title to certain real estate, consisting of a vacant lot in the city of Carroll. Plaintiff and the defendant, Edmund Erler, are father and son, respectively. Defendant Anna Erler is the wife of Edmund. In the year' 1885, plaintiff arranged for the purchase of the lot in question,' which adjoins his homestead, under contract for deed, and caused the name of his son, then a minor, to be inserted in the writing as grantee. Plaintiff at once took possession, made the…
1Opinion of the CourtBishop, J.
It is the contention of plaintiff that he is *728and at all times has been, the real owner of the property, that he bought it for his own use and benefit, and that he caused title to be made in the name of his son solely because of his understanding at the time that by so doing he could defeat the seizure of the property under condemnation proceedings then threatened by a railway company, whose right of way adjoined. The defendants, on the other hand, rely upon the facts that the deed was procured by plaintiff to be executed in the name of the son, and by plaintiff caused to be recorded, as…
2Cases cited6 opinions
- Culp v. PriceSupreme Court of Iowa · 1899
- Hutton v. SmithSupreme Court of Iowa · 1893
- Davis v. DavisSupreme Court of Iowa · 1894
- Cobb v. ChaseSupreme Court of Iowa · 1880
- O'Connor v. O'ConnorSupreme Court of Iowa · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Richards v. MoranSupreme Court of Iowa · 1908
- Burch v. NicholsonSupreme Court of Iowa · 1912