Daugherty v. Daugherty
Supreme Court of Iowa
Appeal from Lee District Gourt.- — Hon. Henry Bank, Jr., Judge. 1 On May 28, 1900, the plaintiff filed his petition, entitled in equity, alleging that in 1869, while he was a minor, his mother, Sarah Daugherty, who was his guardian, purchased certain land with funds belonging to him, and caused the same to be conveyed to' him; that thereafter, on the 27th day of May, 1872, he married, and on the day following his marriage, upon the representations of his mother and brothers…
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Appeal from Lee District Gourt.- — Hon. Henry Bank, Jr., Judge. 1 On May 28, 1900, the plaintiff filed his petition, entitled in equity, alleging that in 1869, while he was a minor, his mother, Sarah Daugherty, who was his guardian, purchased certain land with funds belonging to him, and caused the same to be conveyed to' him; that thereafter, on the 27th day of May, 1872, he married, and on the day following his marriage, upon the representations of his mother and brothers that the land so conveyed to him in fact belonged to his mother, but was placed in his name to avoid her creditors, he…
1Opinion of the Court
Si-ierwin, J. —
2
3 -It is necessary to determine the character of this action, fox, if it is one which was solely cognizable in a court of chancery before the adoption of the Code, then the statute of limitations would not begin to run until the fraud was discovered, while, if it is outside of this class of actions, the demurrer was rightly sustained. ' The appellant contends that it is an action for an accounting, and therefore exclusively cognizable by a court of equity; but we do not think this position is well taken, for it seems to us clear that assumpsit will lie for money had and…
2Cases cited8 opinions
- District Township of Boomer v. FrenchSupreme Court of Iowa · 1875
- Gebhard v. SattlerSupreme Court of Iowa · 1874
- Carrier v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1890
- Relf v. EberlySupreme Court of Iowa · 1867
- Blakeney v. WylandSupreme Court of Iowa · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ogg v. RobbSupreme Court of Iowa · 1917
- McKay v. McCarthySupreme Court of Iowa · 1909
- State Ex Rel. Lien v. HouseOhio Supreme Court · 1944
- Caffee v. BerkleySupreme Court of Iowa · 1908
- Cavanagh v. O'ConnorSupreme Court of Iowa · 1922