[DOWNLOAD] "Staly v. Mcnerney" by Supreme Court Of Iowa. # Book PDF Kindle ePub Free
eBook details
- Title: Staly v. Mcnerney
- Author : Supreme Court Of Iowa.
- Release Date : January 27, 1943
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Mrs. Eva Esther McNerney, the defendant, is the widow of William Thomas McNerney, who died October 12, 1940. Decedent in his will devised to her a ninety-acre farm in Polk county, south of Des Moines. The farm originally consisted of one hundred and thirty acres, of which the south forty acres were devised to a son. Plaintiff, W.E. Staly, was the owner under contract from Westons of two houses situated on one lot and known as 1111 and 1113 Pennsylvania Avenue, in Des Moines, and deed therefor from the Westons to Staly, of date February 11, 1942, was recorded February 13, 1942. Final report in the estate of William Thomas McNerney filed March 19, 1942, and the supplemental final report, filed April 13, 1942, were approved on the same day. While proceedings in the estate were pending, and about June 1941, Mrs. McNerney employed L.E. Gooding to dispose of the ninety-acre farm devised to her. Gooding died before the institution of this suit. Gooding first talked to J.O. Staly with reference to town property in trade for the farm and through J.O. Staly came into contact with Staly's son, W.E. Staly, the plaintiff herein, who was at that time a resident of Webster City. On June 26, 1941, W.E. Staly came to Des Moines and went to his father's house. On the same day Gooding, the agent, called for defendant, and after first driving past the houses on Pennsylvania Avenue, showed her some houses located near the fairgrounds. Defendant was not interested in the latter houses and was then taken by the agent to the residence of J.O. Staly, and defendant, Gooding, and J.O. Staly went to the Pennsylvania Avenue houses and defendant inspected them. Apparently all parties were satisfied to make the exchange, and the agent Gooding and the defendant then proceeded with the plaintiff to the office of defendant's attorney, Clarence I. Spencer, where contract was executed between plaintiff and defendant by which Mrs. McNerney agreed to exchange the ninety-acre farm for the Pennsylvania Avenue houses and $750, $500 of which was paid on the execution of the contract and the balance of $250 to be paid on March 1, 1942, with deeds to be executed on that date. The contract contained the usual provisions that the properties were to be free from liens and encumbrances, and [233 Iowa Page 1068]