WHITWORTH v. HEINZLE

No. 48731.

70 N.W.2d 536 (1955)

William E. WHITWORTH, Appellant, v. Nadgy HEINZLE (nee Nadgy Whitworth) and Iowa Trust & Savings Bank, Appellees.

Supreme Court of Iowa.

June 7, 1955.


Attorney(s) appearing for the Case

Gilbert & Stoddard, Oskaloosa, for appellant.

Bray, Carson & McCoy, Oskaloosa, for appellee Nadgy Heinzle.


MULRONEY, Justice.

Plaintiff's petition, in a declaratory judgment action, alleged that prior to October 7, 1950, he and the defendant, Nadgy Heinzle, were husband and wife. Nadgy Heinzle will hereafter be referred to as the defendant, since the other defendant, Iowa Trust and Savings Bank, is an escrowee with no real interest in the determination of this case. Plaintiff alleged that on October 4, 1950, he and defendant entered into a written agreement, a copy of...

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