Freeborn v. Servis
Supreme Court of Iowa
Appeal from Hamilton District Court. — H. E. Fry, Judge. Suit to partition real estate. The defendant claimed to be the absolute owner of the real estate involved, and therefore denied the interest of - the plaintiffs therein. The real question at issue was whether the defendant was the beneficial owfier of the property, the legal title to which was held in his lifetime by J. H. Servis, the deceased husband of the defendant.
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Appeal from Hamilton District Court. — H. E. Fry, Judge. Suit to partition real estate. The defendant claimed to be the absolute owner of the real estate involved, and therefore denied the interest of - the plaintiffs therein. The real question at issue was whether the defendant was the beneficial owfier of the property, the legal title to which was held in his lifetime by J. H. Servis, the deceased husband of the defendant. The defendant’s claim was that she paid the purchase money for the property, and the title was taken by her husband in his own name, in resulting trust for her. In the…
1Opinion of the CourtEvans, J.
1. Trusts : resulting trust: payment by one, title taken by another: evidence. I. The property in contra-. versy is a business lot in Webster City, Iowa, described as the center one third of the north half of Lot 8, Block 82. The legal title to this property was in J. JEL Servis, the husband of the defendant. He died intestate, in the year 1913, leaving no issue, and leaving his mother as his only heir, and the defendant as his widow. Since that time, the mother has died, leaving the plaintiffs as her only *1352heirs at law. They each claim a one-half interest in one half of the property of the…
2Cited by6 opinions
- Sinclair v. AllenderSupreme Court of Iowa · 1947
- Byers v. ByersSupreme Court of Iowa · 1951
- Gregory Ex Rel. Gregory v. GregorySupreme Court of Iowa · 1957
- Barth v. SeversonSupreme Court of Iowa · 1921
- Spring v. SpringSupreme Court of Iowa · 1930
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