Schumacher v. Dolan
Supreme Court of Iowa
Appeal from, Des Moines District Court. — Hon. James D. Smythe, Judge. Suit in equity to establish a lien or trust upon certain lands, the title to which is in defendant Dolan, for the appointment of a trustee in place of Dolan, and for other equitable relief. The trial court dismissed plaintiff’s petition, and he appeals.
1Opinion of the CourtDeemer, J.
In April of the year 1905, the Midland Blast Furnace Company, by quitclaim deed, conveyed to defendant Dolan a tract of land in Lee county, Iowa, consisting of something over sixty-one acres. Shortly thereafter, and on September 21st of the same year, Dolan executed and delivered to James H. Benihan, now deceased, the following paper: “This memoranda made this 21st day of September, 1905, certifies that I hold in trust for J. II. Benihan one-half of the land I secured from the Midland Blast Furnace Co. subject to claims of Anderson Smith and others and costs & expenses against same.” On…
2Cases cited10 opinions
- Leeper v. TaylorSupreme Court of Missouri · 1892
- Lane v. EwingSupreme Court of Missouri · 1860
- Rea v. WilsonSupreme Court of Iowa · 1900
- Allen v. MoerSupreme Court of Iowa · 1864
- Jones v. BerkshireSupreme Court of Iowa · 1863
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3Cited by6 opinions
- Abodeely v. CavrasSupreme Court of Iowa · 1974
- Test v. HeaberlinSupreme Court of Iowa · 1962
- Northwestern Land & Investment Co. v. OstremSupreme Court of Iowa · 1924
- Nolan v. GuggertySupreme Court of Iowa · 1919
- Schuling v. ErvinSupreme Court of Iowa · 1918
1 more not listed; retrieve them via the Exa API.