Officer & Pusey v. Evans
Supreme Court of Iowa
Appeal from, Pottawattamie District Gov/rt. The petition of plaintiffs alleges that they loaned to defendant S. S. Evans, in 1869, the sum of two thousand eight hundred and fifty-five dollars, for the purpose of enabling him to make alterations and improvem'ents upon his house in Glendale, in Council Bluffs, for which amount he executed to them his note February 25, 1870; that at the time said loan was made Evans told them that after said improvements were made he would…
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Appeal from, Pottawattamie District Gov/rt. The petition of plaintiffs alleges that they loaned to defendant S. S. Evans, in 1869, the sum of two thousand eight hundred and fifty-five dollars, for the purpose of enabling him to make alterations and improvem'ents upon his house in Glendale, in Council Bluffs, for which amount he executed to them his note February 25, 1870; that at the time said loan was made Evans told them that after said improvements were made he would thereby be able to effect an exchange of the said property with S. S. Bayliss for his homestead on the public square, and a…
1Opinion of the CourtDay, J.
1. evidence : proarfcóntract. I. The burden of proof is upon the plaintiffs to establish, by a preponderance of evidence, the contract set forth in the petition. From a careful examination °f the entire evidence we cannot affirmatively fiitd erjg£ence 0f the contract is so established. The most that can be said for the testimony upon that is, that it is in equilibrio.
*5602. homestead: itorsffusband andwite. *559II. The evidence shows very satisfactorily that the defendant E. B. Evans, prior to her marriage with her co-defendant, *560was the owner of three hundred and twenty acres-, °f land in Nebraska, of…
2Cases cited1 opinion
- Delashmut v. TrauSupreme Court of Iowa · 1876
3Cited by10 opinions
- Dettmer v. BehrensSupreme Court of Iowa · 1898
- Sieg v. GreeneCourt of Appeals for the Eighth Circuit · 1915
- Swisher v. SwisherSupreme Court of Iowa · 1912
- Payne v. WilsonSupreme Court of Iowa · 1888
- In re Estate of GuthrieSupreme Court of Iowa · 1918
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