Citation Numbers: 63 Iowa 92
Judges: Adams
Filed Date: 3/20/1884
Status: Precedential
Modified Date: 7/24/2022
The plaintiff’s action is based upon the theory that the three hundred dollars paid to the defendant, James Rogers, as specified in the contract, became the money of Michael Rogers, and was held in trust for him by James. But we are not able to see howr Michael ever acquired any interest in this money. He never sold his interest in the land to Geraghty, nor became in any way a party to the transaction out of which the contract grew. It- does not appear, indeed, that he ever heard of it. So far as the record shows, he died seized of his interest in the land, and, if he did, and if he died intestate, as perhaps we might presume, that interest passed to his heirs. No trust in the money having been created in favor of Michael, no interest in the money accrued to any one by inheritance from him.
Has any thing transpired since Michael’s death by reason of which the defendant, James Rogers, became trustee for. the plaintiff ? If Michael died intestate, seized of his interest in the realty, and the plaintiff is his only heir, then she took
Reversed.