Wood v. Brolliar
Supreme Court of Iowa
Appeal from Benton District Court. This action was commenced on the 29th of June, 1870. On the 25th of November, 1872, plaintiff filed an amended petition, in substance alleging that on the 4th day of December, 1869, Margaret Wood, the wife of plaintiff, died intestate, leaving the defendants Mary E.v Minnie R., and Howard K. Brolliar, her children by her former husband, .and Pettie Wood and Maggie Urmy, her children by her marriage with plaintiff, as her sole surviving…
Read the full summary
Appeal from Benton District Court. This action was commenced on the 29th of June, 1870. On the 25th of November, 1872, plaintiff filed an amended petition, in substance alleging that on the 4th day of December, 1869, Margaret Wood, the wife of plaintiff, died intestate, leaving the defendants Mary E.v Minnie R., and Howard K. Brolliar, her children by her former husband, .and Pettie Wood and Maggie Urmy, her children by her marriage with plaintiff, as her sole surviving heirs at law. That Margaret Wood died invested witli tbe legal title to three distinct parcels of real estate, which…
1Opinion of the CourtDay, J.
I. It is conceded by appellee that, if the plaintiff made the purchase of the property in question with his own i. evidence.: • partfes!en0y means, and caused the conveyance to be made to his wife, the transaction, primas faeie, is to be regarded as an advancement, and that plaintiff must overcome the presumption in favor of the legal title, by sufficient evidence. See Cotton v. Wood, 25 Iowa, 43, and authorities cited. The principal evidence introduced by plaintiff for the purpose of overcoming this presumption, was his own testimony. Aside from his testimony the evidence is altogether…
2Cases cited1 opinion
- Cotton v. WoodSupreme Court of Iowa · 1868
3Cited by12 opinions
- Rauen v. Prudential Insurance Co. of AmericaSupreme Court of Iowa · 1906
- O'Brien v. BieggerSupreme Court of Iowa · 1943
- Sinclair v. AllenderSupreme Court of Iowa · 1947
- In Re Estate of CusterSupreme Court of Iowa · 1941
- Cole v. MarshSupreme Court of Iowa · 1894
7 more not listed; retrieve them via the Exa API.