Legal Opinion

Flower v. Cruikshank

Supreme Court of Iowa

Decided February 1, 1889PublishedCited by 5 opinions

Appeal from Humboldt District Court. — Hon. Lot Tiiomas, Judge. TnE subject of this action is a farm of three hundred and twenty acres in Humboldt county. For many years'prior to April, 1879, plaintiff had been the owner of said farm, and the legal title thereto is still vested in him. In 1876 defendants, who are the daughter and son-in-law of plaintiff, went into possession under a parol lease, and have remained in possession ever since.

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Appeal from Humboldt District Court. — Hon. Lot Tiiomas, Judge. TnE subject of this action is a farm of three hundred and twenty acres in Humboldt county. For many years'prior to April, 1879, plaintiff had been the owner of said farm, and the legal title thereto is still vested in him. In 1876 defendants, who are the daughter and son-in-law of plaintiff, went into possession under a parol lease, and have remained in possession ever since. They claim, however, that in 1879 a new contract was entered into, by the terms of which they were to continue to cultivate the farm during the lifetime of…

1Opinion of the CourtReed, C. J.

1. balance: tion. I. The parties agree that a new arrangement with reference to the occupation and carrying on the farm was entered into in April, 1879, but thev disagree as to tlie terms of -¿pe agreement. Plaintiff testified that the contract was entered into with defendant George L. Cruikshank, and that by its terms he transferred to Cruikshank an undivided one-half interest in the 'stock and personal property on the farm in consideration of the undertaking of the latter to assist him in paying certain indebtedness he was then owing, and that the farm was to be carried on by the parties…

2Cases cited1 opinion

  1. Franklin v. TuckermanSupreme Court of Iowa · 1886

3Cited by5 opinions

  1. Lawson v. MullinixCourt of Appeals of Maryland · 1906
  2. Newman v. FrenchSupreme Court of Iowa · 1908
  3. Scott v. BrentonSupreme Court of Iowa · 1914
  4. Powers v. CrandallSupreme Court of Iowa · 1907
  5. Bondies v. IveyCourt of Appeals of Texas · 1897

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