Legal Opinion

Miller v. Miller

Supreme Court of Iowa

Decided December 18, 1897PublishedCited by 10 opinions

Appeal from Plymouth District Court. — Hon. F. R Gaynor, Judge. The parties are husband and wife. The defendant owned certain lands, and, desiring to convey the same to third parties, agreed with his wife (plaintiff) to pay to her the sum of two thousand dollars if she would join in the deed, so as to convey her contingent right.

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Appeal from Plymouth District Court. — Hon. F. R Gaynor, Judge. The parties are husband and wife. The defendant owned certain lands, and, desiring to convey the same to third parties, agreed with his wife (plaintiff) to pay to her the sum of two thousand dollars if she would join in the deed, so as to convey her contingent right. The conveyance was made, signed by the wife in pursuance of the agreement, and she was paid, of the amount agreed upon, one thousand, five hundred and ninety-seven dollars; and, for the remainder of the two thousand, defendant gave to her the following instrument in…

1Opinion of the Court

Granger, J

There are few, if any, important facts, other than those above stated. It appears that the parties, though husband and wife, at the time of the commencement of the action, and now, are living apart *188from each other. It also appears that plaintiff refused, to join in the conveyance unless the defendant would pay her two thousand dollars, and that thereupon the agreement was made to do so, resulting in her signing the deed, receiving the amount stated, and the execution of the written agreement sued on, for which there was no other consideration than her agreement to sign the deed. The…

2Cited by10 opinions

  1. Garner v. FrySupreme Court of Iowa · 1898
  2. Caruth v. CaruthSupreme Court of Iowa · 1905
  3. Sawyer v. BiggartSupreme Court of Iowa · 1901
  4. Luse v. ElliottSupreme Court of Iowa · 1927
  5. Manatt v. GriffithSupreme Court of Iowa · 1910

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