Acker v. Priest
Supreme Court of Iowa
Appeals from Cass District Court. — Hon. N. W. Maoy, Judge. The first of these actions is a suit in equity to establish a trust in certain funds in the hands of the defendants and appellees, arising from the sale of a farm in Cass county, Iowa, by defendant Priest. The second is a law action, aided by attachment, to recover for an alleged conversion of certain moneys belonging to the estate of Elizabeth V. Priest, deceased.
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Appeals from Cass District Court. — Hon. N. W. Maoy, Judge. The first of these actions is a suit in equity to establish a trust in certain funds in the hands of the defendants and appellees, arising from the sale of a farm in Cass county, Iowa, by defendant Priest. The second is a law action, aided by attachment, to recover for an alleged conversion of certain moneys belonging to the estate of Elizabeth V. Priest, deceased. The cases were tried to the court without a jury, and judgment and decree were rendered, dismissing the plaintiffs’ petition in each ease, and the plaintiffs appeal.—
1Opinion of the CourtDeemer, J.
*6121 *611I. The plaintiffs in the equity suit are the heirs at law of Elizabeth Priest, deceased, and the defendant Stephen C. Priest is their father. Mrs. Priest was a daughter of one Joseph Abrams. Joseph Abrams had one son and three daughters, besides Mrs. Priest. In the month of July, 1884, Abrams, who was then living in the state of Kansas, concluded to make a partial distribution and advancement of his property to his children. He was then the owner of two farms in Kansas, one of which was known as his “Home Farm,” and the other was occupied by defendant Priest and his family. Thomas W. King,…
2Cases cited21 opinions
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- Wheeler v. . ReynoldsNew York Court of Appeals · 1876
- Keer v. Devises of MoonSupreme Court of the United States · 1824
- Lehman v. LewisSupreme Court of Alabama · 1878
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3Cited by39 opinions
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- McClenahan v. StevensonSupreme Court of Iowa · 1902
- Gregory v. BowlsbySupreme Court of Iowa · 1902
- Luckhart v. LuckhartSupreme Court of Iowa · 1903
- Koehler v. KoehlerIndiana Court of Appeals · 1919
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