Legal Opinion

Frazer v. Andrews

Supreme Court of Iowa

Decided June 4, 1907PublishedCited by 13 opinions

Appeal from Henry District Court.— Hon. James D. Smythe, Judge. Action - to partition certain real estate. Defendant Eliza D. Smith filed a demurrer to plaintiff’s petition in so far as plaintiffs, except Albert Frazer, claimed more than one-seventh of two-thirds of the real estate, and to the petition of said Frazer in so far as he claimed more than two-sevenths of two-thirds of the real estate.

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Appeal from Henry District Court.— Hon. James D. Smythe, Judge. Action - to partition certain real estate. Defendant Eliza D. Smith filed a demurrer to plaintiff’s petition in so far as plaintiffs, except Albert Frazer, claimed more than one-seventh of two-thirds of the real estate, and to the petition of said Frazer in so far as he claimed more than two-sevenths of two-thirds of the real estate. This demurrer was overruled, and, said Smith electing to stand thereon, judgment was entered as prayed in plaintiff’s petition. Smith appeals.—

1Opinion of the CourtDeemer, J.

Plaintiffs are the children of Mary M. Coffin, formerly Mary M. Frazer, who died intestate August 2, 1904, leaving surviving seven children, five of whom are plaintiffs and two, Eliza D. Smith and Alson G. Frazer, are defendants. Before the bringing of the suit Alson G. Frazer had conveyed his interest in his mother’s estate to plaintiff Albert II. Frazer. It is alleged that each of said children was entitled to an undivided one-seventh of the real estate of their mother, save Albert Frazer, who was entitled to two-sevenths. It is also alleged that Mary M. Coffin left surviving her husband,…

2Cases cited18 opinions

  1. McNutt v. McNuttIndiana Supreme Court · 1888
  2. McAnnulty v. McAnnultyIllinois Supreme Court · 1887
  3. Smith v. McClainIndiana Supreme Court · 1896
  4. Buffington v. BuffingtonIndiana Supreme Court · 1898
  5. Leach v. RainsIndiana Supreme Court · 1897

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3Cited by13 opinions

  1. Bohanan v. MaxwellSupreme Court of Iowa · 1921
  2. Rowell v. BarberWisconsin Supreme Court · 1910
  3. McMinimee v. McMinimeeSupreme Court of Iowa · 1947
  4. Koontz v. KoontzWashington Supreme Court · 1915
  5. Eberhart v. RathSupreme Court of Kansas · 1913

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