Legal Opinion

Jamison v. Estate of Jamison

Supreme Court of Iowa

Decided December 22, 1900PublishedCited by 11 opinions

Appeal from Butler District Qourt. — Hon. John C. Sheewin, Judge. Action at law to recover damages by reason of tbe failure of W. R. Jamison, deceased, to convey or will to Samuel J amison, deceased, a tract of land, in consideration of Samuel’s promise to improve and use tbe premises as a borne for bimself and family. Plaintiffs are tbe widow and beirs at law of Samuel Jamison, deceased, wbo died before W. R. Jamison.

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Appeal from Butler District Qourt. — Hon. John C. Sheewin, Judge. Action at law to recover damages by reason of tbe failure of W. R. Jamison, deceased, to convey or will to Samuel J amison, deceased, a tract of land, in consideration of Samuel’s promise to improve and use tbe premises as a borne for bimself and family. Plaintiffs are tbe widow and beirs at law of Samuel Jamison, deceased, wbo died before W. R. Jamison. Tbe defendants denied tbe promise on tbe part of W. R. Jamison, and denied that Samuel Jamison made any improvements on tbe place pursuant to tbe alleged ■agreement. On these…

1Opinion of the CourtDeemer, J.

1 2 It appears that W. It. Jamison made a will in which he devised the property in controversy to his son Samuel Jamison, that after mating the will he conveyed the same property to some other sons, and that these sons, after the death of Samuel, dispossessed his widow and heirs, and took possession of the premise. during their absence. Error is assigned on the admission in evidence of that part of the will of W. B. Jamison devising the property to Samuel. We think the evidence was admissible. But, whether admissible or not, there was an express admission of the fact in defendants’ answer,…

2Cases cited3 opinions

  1. Bryan v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1884
  2. McAnnulty v. SeickSupreme Court of Iowa · 1882
  3. Farmers' Co-operative Society v. German InsuranceSupreme Court of Iowa · 1896

3Cited by11 opinions

  1. William L. Burkhalter v. Steven P. BurkhalterSupreme Court of Iowa · 2013
  2. Matter of Estate of ToddSupreme Court of Iowa · 1998
  3. Thompson v. RomackSupreme Court of Iowa · 1916
  4. In Re Estate of DolmageSupreme Court of Iowa · 1927
  5. Talbert v. MasonSupreme Court of Iowa · 1907

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