Farwell v. Carpenter
Supreme Court of Iowa
Appeal from Jones District Court. — Hon. F. O. Ellison, Judge. Suit in equity for an accounting against the defendant, as trustee, under power of attorney. It was averred in the petition that the power of attorney had been revoked. The prayer was that the defendant be required to account and to deliver to the plaintiff all property received by him in pursuance of such power of attorney.
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Appeal from Jones District Court. — Hon. F. O. Ellison, Judge. Suit in equity for an accounting against the defendant, as trustee, under power of attorney. It was averred in the petition that the power of attorney had been revoked. The prayer was that the defendant be required to account and to deliver to the plaintiff all property received by him in pursuance of such power of attorney. The defendant by his answer admitted that he held the property referred to as trustee and rendered a full accounting thereof. He denied the right of the plaintiff to the possession of the property and denied…
1Opinion of the CourtEvans, J.
There is no substantial dispute of fact
between the parties. The accounting rendered by the defendant in his pleading was accepted by the plaintiff as correct. The controversy between the parties arises over the construí *259tlon which should be put upon certain written instruments entered into on September 24, 1909, one of which was the power of attorney referred to. These instruments were all pleaded by the plaintiff-in his petition as constituting a contract. The question involved is whether the plaintiff is the absolute owner of the certain property held by the defendant as trustee or whether…
2Cases cited5 opinions
- Christe v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1898
- Walworth v. AbelSupreme Court of Pennsylvania · 1866
- Birdsall v. BirdsallSupreme Court of Iowa · 1912
- Reichard v. IzerCourt of Appeals of Maryland · 1902
- Darden v. HarrillTennessee Supreme Court · 1882
3Cited by9 opinions
- In Re Estate of SwansonSupreme Court of Iowa · 1948
- Davenport v. SandemanSupreme Court of Iowa · 1927
- Speckles v. MowinkelNebraska Supreme Court · 1935
- In Re Estate of MurphySupreme Court of Iowa · 1934
- Wilson v. Van ZantSupreme Court of Colorado · 1929
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