Chew v. Holt
Supreme Court of Iowa
Appeal from Mahaska District Court. — How. Ben McCoy, J iidge. The record title to the one hundred and twenty acres of land in controversy was in the name of Asa S. Chew at the time of his death, in 1891. The plaintiff is his widow, and the defendants his six children, five of whom join in the prayer for partition.
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Appeal from Mahaska District Court. — How. Ben McCoy, J iidge. The record title to the one hundred and twenty acres of land in controversy was in the name of Asa S. Chew at the time of his death, in 1891. The plaintiff is his widow, and the defendants his six children, five of whom join in the prayer for partition. The other, Edwin C. Chew, .claims to be the unqualified owner of the premises by virtue of an oral contract with the deceased, acquiesced in by plaintiff, under which he undertook to care for and support them during their lifetime, and in return was to have said land “at the death…
1Opinion of the CourtLadd, J.
Caution should be exercised in scrutinizing the oral proofs of dealings between the aged and infirm and those having claims upon their affections. . Nothing short of the complete control of the property they have accumulated can be tolerated, but, in guarding their rights, we ought not to forget that people so situated are prone to reach out for aid and relief from care in their declining years to those who; because of their relationship; may be expected to respond. And often conduct which might ordinarily confirm an alleged agreement, because of mutual obligations springing from the ties of…
2Cases cited6 opinions
- Winters v. WintersSupreme Court of Iowa · 1897
- Wilson v. WilsonSupreme Court of Iowa · 1896
- Drake v. PainterSupreme Court of Iowa · 1889
- Winkleman v. WinklemanSupreme Court of Iowa · 1890
- Burdick v. RaymondSupreme Court of Iowa · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Eggstaff v. PhelpsSupreme Court of Oklahoma · 1924
- Erwin v. FillenwarthSupreme Court of Iowa · 1912
- Boeck v. MilkeSupreme Court of Iowa · 1908
- Stennett v. StennettSupreme Court of Iowa · 1916
- Williams v. HarrisonSupreme Court of Iowa · 1940
9 more not listed; retrieve them via the Exa API.