Legal Opinion

Stow v. Miller

Supreme Court of Iowa

Decided June 21, 1864PublishedCited by 8 opinions

Appeal from Marshall District Court. The proceeding is one in tbe nature of a creditor’s bill. On tbe bearing tbe Court found in favor of tbe defendants, dismissing tbe action at tbe costs of the complainant who appeals. cited Bryan v. Walsh, et al., 2 Gilm., 557. cited Hilliard Real Estate, 279 ; McKinny v. Bhoads, 5 Watts, 543 ; Hannah v. Swainer, 8 Id., 9; 5 Kent., 499 ; Willard’s Eq., 263 ; Story Eq. Jur., §§ 706-793 a; Hulick v. Bcovill, 4 G. Greene. 159.

1Opinion of the Court

Lowe, J. —

To ■understand the chief point of difficulty between the parties in this case, the facts out of which it arose, as brought to light by the pleadings and evidence, should be stated with some particularity.

Some nine or ten years ago Isaac Miller, then residing in Marshall county, concluded to give to his four sons each a piece of land for a home.

This intention was attempted to be effectuated' by executing gift deeds to three of the boys, including Lev>i, the youngest, then about fourteen years of age. The fourth son preferring an equivalent in money, no deed of any land was made to…

2Cases cited1 opinion

  1. Scrugham v. WoodNew York Supreme Court · 1836

3Cited by8 opinions

  1. Newton & Seeley v. BealerSupreme Court of Iowa · 1875
  2. Trask v. TraskSupreme Court of Iowa · 1894
  3. Payne v. PayneSupreme Court of Virginia · 1920
  4. McKemey v. KetchumSupreme Court of Iowa · 1919
  5. Foreman v. ArcherSupreme Court of Iowa · 1906

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