Legal Opinion

Cessna v. Miller

Supreme Court of Iowa

Decided February 6, 1892PublishedCited by 4 opinions

Appeal from Hardin District Court. — Hon. J. L. Stevens, Judge. Elizabeth Crocket died on the fourteenth day of August, 1887, and left surviving her six children, of whom the plaintiff is one; the other five and the administrator of her estate being parties defendant. During her lifetime, and at her death, Mrs. Crocket was the owner of one hundred and ten acres of land, which is a subject of controversy in this suit.

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Appeal from Hardin District Court. — Hon. J. L. Stevens, Judge. Elizabeth Crocket died on the fourteenth day of August, 1887, and left surviving her six children, of whom the plaintiff is one; the other five and the administrator of her estate being parties defendant. During her lifetime, and at her death, Mrs. Crocket was the owner of one hundred and ten acres of land, which is a subject of controversy in this suit. In November, 1887, the plaintiff filed against the estate an account for yearly services, at the rate of four dollars per week, to the year 1880, and thereafter at five dollars…

1Opinion of the CourtGranger, J.

The following appears in the record as the opinion of the district court in connection with its order dismissing the plaintiff’s petition: “The plaintiff resided with her mother for several years, doing a large amount of labor, both in the house and upon the farm. She claims that she had an oral contract with her mother, by which she should become, at her mother’s death, the owner of the home farm as compensation for her labor, and in consideration of caring for and living with her mother until her death. To establish this contract, the plaintiff shows by a dozen witnesses that her mother at…

2Cited by4 opinions

  1. Wall v. Estate of McEnneryWashington Supreme Court · 1919
  2. Rose v. OliverOregon Supreme Court · 1898
  3. Frye v. GullionSupreme Court of Iowa · 1909
  4. Bolander v. GodsilCourt of Appeals for the Ninth Circuit · 1940

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