Clement v. Perry
Supreme Court of Iowa
Appeal from Ma/rion Circuit Court. This is an action for partition of real property. Francis Clement was formerly the owner of the pi’operty; his first wife was Prudence Clement, by whom he had several children, the plaintiff Benjamin being one of them, and the others are made defendants. • Francis and Prudence Clement were divorced in 1854, and certain real property was decreed to her in fee, as alimony. Afterward he married Charity Clement, with whom he lived for a time.
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Appeal from Ma/rion Circuit Court. This is an action for partition of real property. Francis Clement was formerly the owner of the pi’operty; his first wife was Prudence Clement, by whom he had several children, the plaintiff Benjamin being one of them, and the others are made defendants. • Francis and Prudence Clement were divorced in 1854, and certain real property was decreed to her in fee, as alimony. Afterward he married Charity Clement, with whom he lived for a time. He died in April, 1863, leaving his wife, Charity, surviving him. The plaintiff William M. Stone claims title to…
1Opinion of the CourtCole, J.
The action of partition is an ordnary proceeding. Rev., § 4178. The trial of such cases, is properly, as was done in this, by the second method, to a jury, or to the court instead of a jury. The finding of the court, stands, on appeal, as the finding or verdict of a jury, and rightfully can only be set aside when it is manifestly and palpably against the evidence.
Remembering these propositions, let us state very briefly, some of the facts tending to support the finding and conclusion of the court. The plaintiff Benjamin Clement claims title as heir of Francis Clement, his father, who *566was the…
2Cases cited1 opinion
- Booth v. SmallSupreme Court of Iowa · 1868
3Cited by6 opinions
- Collett v. Board of CommissionersIndiana Supreme Court · 1889
- Doe ex dem. Hughes v. AndersonSupreme Court of Alabama · 1885
- Merrill v. TobinSupreme Court of Iowa · 1891
- Nolan v. GrantSupreme Court of Iowa · 1879
- Dice v. BrownSupreme Court of Iowa · 1896
1 more not listed; retrieve them via the Exa API.