Legal Opinion

Stout v. Stout

Supreme Court of Iowa

Decided March 24, 1914PublishedCited by 5 opinions

Appeal from Madison District Court. — Hon. W. F. Fahey, Judge. Action in equity to establish a constructive trust in certain lands conveyed by a husband to a wife, on the ground that the conveyance was procured under a false promise to retain the title until the death of the grantor, and, upon his death, to pay certain sums of money to the children of the grantor.

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Appeal from Madison District Court. — Hon. W. F. Fahey, Judge. Action in equity to establish a constructive trust in certain lands conveyed by a husband to a wife, on the ground that the conveyance was procured under a false promise to retain the title until the death of the grantor, and, upon his death, to pay certain sums of money to the children of the grantor. The claim is predicated on the fact that the promises were made to the grantor to induce him to make the conveyance, with no intention on the part of the grantee, at the time, to keep or perform the promise; that subsequently.she…

1Opinion of the CourtGaynob, J.

This is an action brought by plaintiffs to set aside certain deeds of conveyance made by their ancestor, Elvis Stout, and to impress land with a trust character, in their favor, on account of certain matters and things alleged by them, as will more fully appear hereafter.

The plaintiffs are the children and grandchildren of Elvis Stout. Elvis Stout was three times married; first to Elizabeth Stout, second to Abbie Stout, and third to the defendant herein, Margaret A. Stout. The plaintiffs are children and grandchildren of the union between Elvis Stout and Abbie Stout. The defendants are the…

2Cases cited6 opinions

  1. Wood v. . RabeNew York Court of Appeals · 1884
  2. Fawcett v. FawcettWisconsin Supreme Court · 1893
  3. Reynolds v. SumnerIllinois Supreme Court · 1888
  4. Gregory v. BowlsbySupreme Court of Iowa · 1902
  5. Bird v. JacobusSupreme Court of Iowa · 1901

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

3Cited by5 opinions

  1. Rance v. GaddisSupreme Court of Iowa · 1939
  2. England v. EnglandSupreme Court of Iowa · 1952
  3. Eliason v. StephensSupreme Court of Iowa · 1933
  4. Carlson v. SmithSupreme Court of Iowa · 1931
  5. Wellman v. WellmanSupreme Court of Iowa · 1928

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