116 Iowa 663 | Iowa | 1902
Prior to the year 1880 the plaintiff mar- ' ried the daughter of the defendant McGovern, who is a resident of Illinois. Plaintiff is a machinist by trade, but, not prospering satisfactorily in that line of work, he came to Polk county, Iowa, and for a time lived there upon a farm belonging to McGovern. Later he leased the land now in controversy from one Ellison, the then owner thereof, and-pending the term of said lease McGovern purchased the lanldl from Ellison, and took title to- himself. Up to this point there is no dispute between the parties. Plaintiff claims, however, that such purchase was really made for him, and that McGovern at the time, or soon afterward, made and delivered to him a written contract to convey the land on payment of its cost price. That contract, if it ever existed, is lost, but the defendant positively denies that- such paper was ever made. Defendant’s theory is that for the purpose of securing a home and support for his daughter andi her children he bought the land, and permitted the plaintiff and family to live thereon under an oral agreement by which plaintiff was to pay taxes, repairs, etc. He further says, in substance, that it was his intention in due time to secure said property to his daughter and her children by deed, will, or otherwise, but, the daughter having died in 1885, that purpose .was- abandoned; and that, while plaintiff has since that date been at times in possession of the land, it has been as his tenant, or upon sufferance only. It will thus be seen that the issue we have to decide is almost exclusively one of fact. No good purpose will be served
In our judgment, the plaintiff’s case is not thus sustained by the evidence, and the decree of the district court is AEEIRMED.