Belknap v. Belknap
Supreme Court of Iowa
Appeal from, Des Moines District Court. — Hon. Charles H. Phelps, Judge. The defendants are six in number, and are the wife and children of a brother of the plaintiff. The plaintiff and defendants took by inheritance from a common ancestor a quantity of land in Des Moines county. In 1884 a suit was instituted in the circuit court of said county by the plaintiff herein against the defendants for the partition of said land.
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Appeal from, Des Moines District Court. — Hon. Charles H. Phelps, Judge. The defendants are six in number, and are the wife and children of a brother of the plaintiff. The plaintiff and defendants took by inheritance from a common ancestor a quantity of land in Des Moines county. In 1884 a suit was instituted in the circuit court of said county by the plaintiff herein against the defendants for the partition of said land. The decree in said suit awarded to the plaintiff, as heir, six-fortieths of the land, and he became by purchase the owner of three-fortieths more, purchased from other heirs…
1Opinion of the CourtGranger, J.
The testimony in the case, other than some documentary proofs as to the partition suit, and some oral testimony as to the rental value of the premises, isas follows: “Ñ. Q. Belknap. I am plaintiff. Six-fortieths of the land in controversy was decreed to me, and I purchased three-fortieths after decree. I brought suit in 1880 (2,774) and tried to get my share of that real estate. Brought second suit (3,466) in 1884. The rental value of land from 1880 to 1887, inclusive, per year, is three ($3) dollars per acre for cultivated land, and one ($1.50) dollar and ñfty cents for wood and pasture…
2Cases cited3 opinions
- Reynolds v. WilmethSupreme Court of Iowa · 1877
- Varnum v. LeekSupreme Court of Iowa · 1885
- Janes v. BrownSupreme Court of Iowa · 1878
3Cited by6 opinions
- Van Veen v. Van VeenSupreme Court of Iowa · 1931
- Van Ormer v. HarleySupreme Court of Iowa · 1897
- Sagen v. GudmansonSupreme Court of Iowa · 1914
- Lawrence v. MelvinSupreme Court of Iowa · 1926
- Plant v. FateSupreme Court of Iowa · 1901
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