Legal Opinion

Wilkinson v. Severance

Supreme Court of Iowa

Decided June 3, 1890PublishedCited by 1 opinion

Appeal from Sioux District Qourt. — Hon. C. H. Lewis, • Judge. Action upon two promissory notes. A writ of attachment was issued and levied upon certain land. Petitions of intervention were filed, in which it was claimed that Prank B. Severance, the defendant in the action, had no interest in the land subject to attachment.

Read the full summary

Appeal from Sioux District Qourt. — Hon. C. H. Lewis, • Judge. Action upon two promissory notes. A writ of attachment was issued and levied upon certain land. Petitions of intervention were filed, in which it was claimed that Prank B. Severance, the defendant in the action, had no interest in the land subject to attachment. Issues were made up upon this question, and a trial was had, and it was determined that said Prank B. Severance, at the' time the writ of attachment was levied, had an interest in the real estate in question subject to attachment. The petitions of intervention were…

1Opinion of the CourtRothkock, C. J.

— The land in controversy was owned by Jonathan B. Severance. The defendant’s father made his last will and testament on the thirty-first day of Ljecember, 1878, and afterwards died. He was a resident of the county of Middlesex, in the state of Massachusetts. His will was duly admitted to probate in that state, and was afterwards filed for record and recorded in Sioux county, where the land in controversy is situated. The question whether the defendant Prank B. Severance has any attachable interest depends mainly upon the proper construction of said will, and, as the separate clauses thereof…

2Cases cited2 opinions

  1. Baker v. CopenbargerIllinois Supreme Court · 1853
  2. McIlvaine v. SmithSupreme Court of Missouri · 1867

3Cited by1 opinion

  1. Schaal v. SchaalSupreme Court of Iowa · 1927

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API