Kibby v. Harsh
Supreme Court of Iowa
Appeal from Shelby District Court. On the twenty-sixth day of June, 1880, the defendants, W. P. Kimball and Olara Kimball, his wife, conveyed one hundred and sixty acres of land in Shelby county by deed of warranty to George Kibby. Kibby died intestate on the twenty-second day of September, 1881, and said conveyance was not ■filed for record until after his death.
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Appeal from Shelby District Court. On the twenty-sixth day of June, 1880, the defendants, W. P. Kimball and Olara Kimball, his wife, conveyed one hundred and sixty acres of land in Shelby county by deed of warranty to George Kibby. Kibby died intestate on the twenty-second day of September, 1881, and said conveyance was not ■filed for record until after his death. On the fourth day of October, 1881, the' defendants, W. P. Kimball and Olara Kimball, made .another deed of warranty of the land to the defendant, J. W. ITarsh. This last deed was filed for record on the fifteenth day of October,…
1Opinion of the CourtEotheock, J.
i. practice evidcnc© • substantial rights to be conserved. — I. It is alleged in the petition that the plaintiffs are the heirs at law of George Kibby, deceased, and : the owners of the land in controversy. The an- “ swer contains an allegation in these words: “That ° as to whether the plaintiffs are the heirs and only heirs of George Kibby (the defendants), have not sufficient knowledge or information whereof to form a belief.”
The first point made in the 'argument of counsel for appellants is that there is no evidence that the plaintiffs are the heifs and only heirs of Kibby. It is true, it…
2Cases cited1 opinion
- Sillyman v. KingSupreme Court of Iowa · 1873
3Cited by13 opinions
- Reusch v. ShaferSupreme Court of Iowa · 1950
- Conway v. RockSupreme Court of Iowa · 1908
- Blackman v. HendersonSupreme Court of Iowa · 1901
- McKenney Seabury v. NelsonSupreme Court of Iowa · 1935
- Walter v. BrownSupreme Court of Iowa · 1902
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