McNeill v. McNeill
Supreme Court of Iowa
Appeal from Monona District Court. — Hon. LAWRENCE De GRafe, Judge. This is an action in equity for partition of certain real estate, six hundred and forty acres in Monona county, Iowa, of the value of about $50,000. It is the claim of plaintiff: that she is an illegitimate child of Edwin R. McNeill, deceased, and that she was generally and notoriously recognized by him as such.
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Appeal from Monona District Court. — Hon. LAWRENCE De GRafe, Judge. This is an action in equity for partition of certain real estate, six hundred and forty acres in Monona county, Iowa, of the value of about $50,000. It is the claim of plaintiff: that she is an illegitimate child of Edwin R. McNeill, deceased, and that she was generally and notoriously recognized by him as such. Defendants are the widow and children of said deceased, who deny that plaintiff is entitled to an interest in the property. The trial court found for the defendants and dismissed the petition of plaintiff. She appeals.
1Opinion of the CourtPeeston, J.
The issue is one almost entirely of fact whether Edwin R. McNeill was the father of plaintiff, and *681whether he recognized her as such, and, if so, whether the recognition was general and notorious, as provided in section 3385 of the Code. There is no claim that there was recognition in writing.
There were sixteen witnesses for plaintiff and sixty-one for the defendants. Manifestly it would not he practicable to detail all or any considerable part of the evidence contained in the large record. We have examined the record carefully and scrutinized closely all the circumstances shown in the…
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