Harbour v. Rhinehart
Supreme Court of Iowa
Appeal from Mahasha Circuit Court. This action was commenced June 24, 1872, and by their petition the plaintiffs aver that, in 1851, they were owners in fee of out-lot five, in Oskaloosa; that John White, the defendant’s intestate, was then owner of nine acres adjoining Oskaloosa, (describing it,) that- said White desired .to exchange his nine acres for out-lot five, and such exchange was made in 1851, whereby White sold his nine acres to plaintiffs, some .of whom were then…
Read the full summary
Appeal from Mahasha Circuit Court. This action was commenced June 24, 1872, and by their petition the plaintiffs aver that, in 1851, they were owners in fee of out-lot five, in Oskaloosa; that John White, the defendant’s intestate, was then owner of nine acres adjoining Oskaloosa, (describing it,) that- said White desired .to exchange his nine acres for out-lot five, and such exchange was made in 1851, whereby White sold his nine acres to plaintiffs, some .of whom were then minors; that plaintiffs then executed to .White a bond for a deed to out-lot five, and in 1852, they executed a…
1Opinion of the CourtCole, J.
The demurrer was properly sustained, because the claim is barred by the statute of limitations. The plaintiffs’ right to the real estate, the nine acres, or to its proceeds rests upon one of two bases. They must claim upon the express agreement by parol to convey to them at a future time; or upon a trust resulting to them by reason of having paid White the consideration for the nine acres, in the conveyance to him of out-lot five. If their claim is asserted upon the basis of the express parol agreement, then it is certainly *674barred by the statute of limitations, which limits the time for…
2Cases cited2 opinions
- Peters v. JonesSupreme Court of Iowa · 1872
- Johnson v. HopkinsSupreme Court of Iowa · 1865
3Cited by2 opinions
- Humphreys v. MattoonSupreme Court of Iowa · 1876
- Potter v. DouglassSupreme Court of Iowa · 1891