Miller v. Mahaffy
Supreme Court of Iowa
Appeal from Montgomery Circuit Court. This is an equitable action triable anew in this court. The petition alleges, in substance, that plaintiffs are the owners of eighty acres of land by virtue of a written contract with the Burlington & Missouri River Railroad Company; that said contract of purchase was taken in the name of the defendant, Robert Miller, who is the brother of plaintiffs; that plaintiffs have paid on the contract the sum of $275, and have held possession of…
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Appeal from Montgomery Circuit Court. This is an equitable action triable anew in this court. The petition alleges, in substance, that plaintiffs are the owners of eighty acres of land by virtue of a written contract with the Burlington & Missouri River Railroad Company; that said contract of purchase was taken in the name of the defendant, Robert Miller, who is the brother of plaintiffs; that plaintiffs have paid on the contract the sum of $275, and have held possession of said land since August, 1873, and that they have expended $1,500 in building a house and in other improvements on said…
1Opinion of the CourtRothrock, J.
i. parties: confraote“to£ practice. It is urged by appellant that no decree can be rendered against him because Robert Miller is not a party to the The petition includes his name as a party defendant and prays that the assignment of the contract made by him be canceled for fraud. There is evidence tending to show that the plaintiffs and Robert Miller owned this land in common, each holding an undivided one-sixth, and that the sale made by Robert to Mahaffy and the assignment of the contract with the railroad company was not without consideration, and that a large part *of the purchase money…
2Cited by2 opinions
- Searles v. Northwestern Mutual Life InsuranceSupreme Court of Iowa · 1910
- Capital City Bank v. WakefieldSupreme Court of Iowa · 1891