Gregory v. Bowlsby

88 N.W. 822 (1902)

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Nature of the Case

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Facts

Plaintiff's (Ps) father requested that Ps deed him Ps' interest in land so that he, their father (D) could use the land to better advantage. The father promised to hold the land, not sell or dispose of it, and to allow it to descend to the plaintiffs at his death. Ps executed deeds to D reciting consideration of one dollar. This petition was filed to ask that the deeds be canceled and Ps be adjudged owners of the land with an accounting for rents and profits. This resulted when Ps found out that D had deeded one-third of the land to his second wife who knew of D's agreement. A demurrer was sustained on the ground that the alleged agreement was within the statute of frauds.