Baker v. Syfritt
Supreme Court of Iowa
} Appeal from Pottawattamie District Court. — Hon. A. B. Thornell, Judge. Action in equity for tbe partition of real estate. The cause was submitted and decided upon the pleadings filed and a statement of agreed facts. Decree for defendants, and plaintiff appeals.
1Opinion of the CourtWeaver, J.
On September 21, 1889, John Báker and Harriet Baker were husband and wife, residing in Council Bluffs, Iowa. There were no children of this union, but the wife had children by a former marriage. John Baker then held in his own name the legal title to forty acres of land and to the homestead property occupied hy them, while the wife held in her own name the legal title to another forty acre tract. They were well advanced-in age, and on the day named united in the execution of a joint will. It is drawn in formal terms, and, omitting provisions not directly involved in this controversy, its…
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