Shearer v. Shearer
Supreme Court of Iowa
Appeal from Jefferson District Court.— Hon. Robert Sloan, Judge, The plaintiff is the widow and the "defendant the son of Frederick J. Shearer, who died intestate, seised of seventy-four and one-half acres of land. This is a suit in equity, alleging that the plaintiff owns the undivided one-third and the defendant the undivided two-thirds of said land, asking the confirmation of said shares and the partition of the land by metes and bounds.
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Appeal from Jefferson District Court.— Hon. Robert Sloan, Judge, The plaintiff is the widow and the "defendant the son of Frederick J. Shearer, who died intestate, seised of seventy-four and one-half acres of land. This is a suit in equity, alleging that the plaintiff owns the undivided one-third and the defendant the undivided two-thirds of said land, asking the confirmation of said shares and the partition of the land by metes and bounds. The respective shares, were confirmed, and referees were appointed under the provisions of section 4253 of the Code to make partition. ' This they did,…
1Opinion of the CourtSherwin, J.
There is some conflict in the testimony as to whether the land can be partitioned in kind without injury to the defendant’s interest therein, but we are satisfied from a careful reading of the entire evidence that he will suffer no disadvantage by such a partition. It fairly appears that the land allotted to him is of a better quality and of a much smoother surface than that allotted to the plaintiff, and the mere fact- that there is no spot thereon which suits him for the location of a house should not compel a sale of the entire tract. In a partition proceeding the *396shares are to be made as…
2Cases cited2 opinions
- Stroup v. BridgerSupreme Court of Iowa · 1904
- Lyons v. HarrisSupreme Court of Iowa · 1887
3Cited by6 opinions
- Criswell v. CriswellSupreme Court of Iowa · 1939
- Harney v. CrowleySupreme Court of Iowa · 1918
- Damrow v. Iowa & Omaha Short Line RailwaySupreme Court of Iowa · 1921
- Brogoitti Et Ux v. Brown Et UxOregon Supreme Court · 1962
- Reece v. CartwrightSupreme Court of Iowa · 1930
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