A. M. Byers & Co. v. McEniry
Supreme Court of Iowa
Appeal from, Adams District Court. — Hon. H. M. Towner, Judge: On the 18th day of January, 1898, J. T. McFee, who was at the time in financial distress, and indebted to various parties, — the plaintiff’s and. the bank represented by them being among his creditors, — executed and delivered to M. F. McEniry, who was one of his creditors, a 1 warranty deed of the land involved in this controversy.
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Appeal from, Adams District Court. — Hon. H. M. Towner, Judge: On the 18th day of January, 1898, J. T. McFee, who was at the time in financial distress, and indebted to various parties, — the plaintiff’s and. the bank represented by them being among his creditors, — executed and delivered to M. F. McEniry, who was one of his creditors, a 1 warranty deed of the land involved in this controversy. The land at the time of this conveyance was incumbered by mortgages and by a judgment lien in favor of the Crestón National Bank. This judgment was after-wards assigned to E. 0. Wolfers, who caused a…
1Opinion of the Court
Sherwin, J. —
2 *5023 *501In their petition the appellants Byers & Oo. allege that the land in question was conveyed to Mc-Eniry in trust for themselves and other creditors, under an oral agreement between the grantor and grantee that it should be sold, and the proceeds derived therefrom apportioned among those designated in such agreement. The claim thus presented is distinctly and unequivocally based upon an express agreement, and for this reason the argument that the conveyance operated as a resulting trust in favor of the appellants Byers & Oo. is without merit, because of the well-established rule…
2Cases cited7 opinions
- Acker v. PriestSupreme Court of Iowa · 1894
- Dunn v. Zwilling Bros.Supreme Court of Iowa · 1895
- Howland v. KnoxSupreme Court of Iowa · 1882
- Farmers' National Bank v. FletcherSupreme Court of Iowa · 1876
- McGinness v. BartonSupreme Court of Iowa · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Cooper v. MaurerSupreme Court of Iowa · 1904
- Shelangowski v. SchrackSupreme Court of Iowa · 1913
- Weltner v. ThurmondWyoming Supreme Court · 1908
- Mullong v. SchneiderSupreme Court of Iowa · 1912
- Ross v. RossSupreme Court of Iowa · 1964
3 more not listed; retrieve them via the Exa API.