Parker v. Pierce
Supreme Court of Iowa
Appeal from Clinton District Court. The plaintiff claims that prior to July 6, 1840, one Addison Philleo of Galena, Illinois, employed William Hogan to locate, and improve a “ claim ” for him, on the north half of section twenty-nine, in township eighty-two, north of seven, east, in Clinton county, Iowa; that said claim and improvement were made accordingly, and while in possession thereof, and on the date aforesaid, the said Philleo, by Hogan, made an agreement with the…
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Appeal from Clinton District Court. The plaintiff claims that prior to July 6, 1840, one Addison Philleo of Galena, Illinois, employed William Hogan to locate, and improve a “ claim ” for him, on the north half of section twenty-nine, in township eighty-two, north of seven, east, in Clinton county, Iowa; that said claim and improvement were made accordingly, and while in possession thereof, and on the date aforesaid, the said Philleo, by Hogan, made an agreement with the defendant, Elijah Buell, to furnish the money and to enter the land at the United States Land Office, for the one undivided…
1Opinion of the CourtCole, J.
I. The first question presented by the transcript in this case is one of fact rather than of law. It is this: Was Philleo the owner of the “ claim,” and did Hogan receive the obligation of Buell as agent of, and in trust for, Philleo ? There is no written evidence offered of Philleo’s title to the “ claim,” and although it is sought to be proved that he purchased it from one Hanna, yet no conveyance is shown nor any witness produced who ever saw such conveyance. His title to the claim rests wholly in parol, so far at least as the evidence in this case discloses.
Nor is there any witness…
2Cases cited10 opinions
- Buchan v. SumnerNew York Court of Chancery · 1847
- Boyd v. M'LeanNew York Court of Chancery · 1815
- Ohio Life Insurance & Trust Co. v. LedyardSupreme Court of Alabama · 1846
- Boyd v. EllisSupreme Court of Iowa · 1860
- Jackson ex rel. Stewart v. TownNew York Supreme Court · 1825
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3Cited by14 opinions
- Morrow v. MatthewIdaho Supreme Court · 1904
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- Gower v. DoheneySupreme Court of Iowa · 1871
- Churchill v. MorseSupreme Court of Iowa · 1867
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