Childs v. Griswold
Supreme Court of Iowa
Appeal from Cedar District Court Complainant, as tbe heir-at-law of Russell Woods, claims tbe title to certain real estate beld by respondents as the heirs of Stephen Goodrich, deceased. Tbe gravamen of tbe bill is that said Goodrich was tbe guardian of complainant, and, as such, received a sum of money, which be invested in tbe lands in controversy, taking the ti tie in bis own name.
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Appeal from Cedar District Court Complainant, as tbe heir-at-law of Russell Woods, claims tbe title to certain real estate beld by respondents as the heirs of Stephen Goodrich, deceased. Tbe gravamen of tbe bill is that said Goodrich was tbe guardian of complainant, and, as such, received a sum of money, which be invested in tbe lands in controversy, taking the ti tie in bis own name. Tbe prayer is, that' respondents shall be declared to bold said land-in trust for complainant. Tbe answer denies quite specifically all tbe material averments of tbe bill, and then, in tbe tenth, eleventh and…
1Opinion of the Court
Weight, Ch. J.
Complainant assumes that the issue in the case is made by the matter stated in the bill; that the facts set up in the parts of the answer objected to are in the nature of set-off and-cross demand, and as such are inadmissible.
These erroneous- assumptions necessarily lead to a wrong conclusion. It is true that she claims the land. This claim is based, however, upon the fact that it was purchased with her means, and hence held in trust for her by respondents as the heirs of her former guardian. This is all denied, and then, most legitimately, respondents, for the purpose of…
2Cases cited1 opinion
- Davenport Gas Light & Coke Co. v. City of DavenportSupreme Court of Iowa · 1862
3Cited by3 opinions
- Rock v. RinehartSupreme Court of Iowa · 1893
- Commercial Credit Corp. v. Interstate Finance Corp.Supreme Court of Iowa · 1943
- Childs v. GriswoldSupreme Court of Iowa · 1865