Legal Opinion

Williams v. Wells

Supreme Court of Iowa

Decided September 19, 1883PublishedCited by 8 opinions

Ajppeal from Lee District Court. Action in chancery to partition certain real estate, being parts of two lots in the city of Keokuk. The plaintiff claims to be the owner of the undivided one-third of the property, and alleges in bis petition that the defendant owns the undivided two-thirds. The defendant denies the interest and claims set up by plaintiff, and alleges that he holds the title to the whole property.

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Ajppeal from Lee District Court. Action in chancery to partition certain real estate, being parts of two lots in the city of Keokuk. The plaintiff claims to be the owner of the undivided one-third of the property, and alleges in bis petition that the defendant owns the undivided two-thirds. The defendant denies the interest and claims set up by plaintiff, and alleges that he holds the title to the whole property. Upon a trial on the merits, the district court entered a decree confirming the title in plaintiff to the undivided one-third of the property, and appointing commissioners to mate…

1Opinion of the CourtBecK, J.

I. The petition alleges that plaintiff is the only child and heir of Catharine and B. A. Williams; that his mother died in 1876, and his father in 1872; that the father owned the property in controversy, and in 1872 conveyed it to defendant; that the mother did not join in the deed, or make any relinquishment of her dower interest in the- real estate, and that, upon the death of the father, plaintiff’s mother became seized of the undivided one-third of the property, which, upon her death, descended to plaintiff. The answer alleges that the property was conveyed to defendant in exchange for…

2Cited by8 opinions

  1. Camp Phosphate Co. v. AndersonSupreme Court of Florida · 1904
  2. Helwig v. FogelsongSupreme Court of Iowa · 1914
  3. McMurray v. DaySupreme Court of Iowa · 1886
  4. National Brake & Electric Co. v. ChristensenCourt of Appeals for the Seventh Circuit · 1919
  5. Carter v. DavidsonSupreme Court of Iowa · 1887

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