Legal Opinion

Daily ex rel. Daily v. Minnick

Supreme Court of Iowa

Decided October 15, 1902PublishedCited by 39 opinions

Appeal from, Marion District Court. — 'Hon. J. H. Apple-gate, Judge. Action to quiet title. Plaintiff, who is a minor, suing by his father,- James 0. Daily, as his next friend, brings this action to quiet title to 40 acres of land, against the defendants, who are the heirs at law of John Cochrane, deceased, who during his lifetime was the owner of the land.

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Appeal from, Marion District Court. — 'Hon. J. H. Apple-gate, Judge. Action to quiet title. Plaintiff, who is a minor, suing by his father,- James 0. Daily, as his next friend, brings this action to quiet title to 40 acres of land, against the defendants, who are the heirs at law of John Cochrane, deceased, who during his lifetime was the owner of the land. The defendants deny plaintiff’s title; and C. A. Minnick, the husband of one of the heirs of Cochrane, who was also made a defendant, by crossvpetition asks to have title to an undivided interest in the property quieted in him, claiming to…

1Opinion of the Court

Deemer, J. —

1 Plaintiff’s claim of title to the land is based upon an alleged agreement between his parents and John Cochrane, during his lifetime, whereby he, the said Cochrane, orally promised that, if they would name the plaintiff (then a small infant) after him (Cochrane), he would give the child 40 acres of land. No particular 40 acres was named, nor did Cochrane own the land now claimed by the plaintiff at the time the promise was made; but it is contended that he subse*565quently purchased, the subject-matter of the litigation for the plaintiff, taking title thereto, however, in his own…

2Cases cited30 opinions

  1. Vrooman v. . TurnerNew York Court of Appeals · 1877
  2. Dresel v. JordanMassachusetts Supreme Judicial Court · 1870
  3. Wolford v. PowersIndiana Supreme Court · 1882
  4. Ellis v. CaryWisconsin Supreme Court · 1889
  5. Lovejoy v. LovettMassachusetts Supreme Judicial Court · 1878

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3Cited by39 opinions

  1. Chehak v. BattlesSupreme Court of Iowa · 1907
  2. Recker v. GustafsonSupreme Court of Iowa · 1979
  3. Schumm v. BergCalifornia Supreme Court · 1951
  4. Fullerton v. United States Casualty Co.Supreme Court of Iowa · 1918
  5. Gould v. GunnSupreme Court of Iowa · 1913

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

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