Johnston v. Myers
Supreme Court of Iowa
Appeal from Lee District Court. — 'Hon. Henry Bank, Judge. Action originally brought against Theophilus Myers to recover compensation for services rendered, and to establish the amount thereof as a lien upon a certain lot in the city of Keokuk. Pending the suit Myers died, and Parsons, his administrator, was substituted as defendant. The case was tried to the court as in equity, resulting in a judgment for the compensation claimed, but denying the lien prayed.
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Appeal from Lee District Court. — 'Hon. Henry Bank, Judge. Action originally brought against Theophilus Myers to recover compensation for services rendered, and to establish the amount thereof as a lien upon a certain lot in the city of Keokuk. Pending the suit Myers died, and Parsons, his administrator, was substituted as defendant. The case was tried to the court as in equity, resulting in a judgment for the compensation claimed, but denying the lien prayed. Plaintiff appeals.—
1Opinion of the CourtDeemer, J.
'As much depends upon the pleadings, we here copy the material part of the petition in full:
*498That on or about the 24th day of April, 1901, defendant came to her house to stay. Soon thereafter he drew up and duly executed a will whereby he bequeathed the plaintiff, Mary A. Johnston, lot Four (4), block one hundred twenty (120), in the city of Keokuk, Lee county, Iowa, and in said will he also gave all his personal property of every kind and description, and informed plaintiff that she was to have all of said property on her care and support of him, the said Theo. Myers. That she has taken care…
2Cases cited10 opinions
- Bottorff v. LewisSupreme Court of Iowa · 1903
- Bennett v. NicholsMichigan Supreme Court · 1863
- Johnson v. MantzSupreme Court of Iowa · 1886
- Laverty v. Sexton & SonSupreme Court of Iowa · 1875
- Wilson v. HorrSupreme Court of Iowa · 1864
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Paintin v. PaintinSupreme Court of Iowa · 1950
- Baldwin v. McDonaldWyoming Supreme Court · 1916
- Bennett v. GreenwaltSupreme Court of Iowa · 1939
- McAnulty v. PeisenSupreme Court of Iowa · 1929
- Rayburn v. MaherSupreme Court of Iowa · 1939
5 more not listed; retrieve them via the Exa API.