Legal Opinion

Kite v. Kite

Supreme Court of Iowa

Decided February 8, 1890PublishedCited by 13 opinions

Appeal from Wapello District Court. — Tíois. Charles D. Leggett, Judge. Plaintiff commenced tipis action in equity for the partition of real estate in which, intervenors claim an interest. The court found that a partition of the premises was not practicable, and ordered them sold, but decided in effect that intervenors had no interest in a portion of the premises, involved in the proceedings known as the “homestead.” The intervenors appeal.

1Opinion of the CourtRobinson, J.

The pleadings show the following facts: John Kite died intestate in the year 1885, seized of one hundred and twenty acres of land described in the petition, and of other real estate not specified. The defendant, Mary J. Kite, is the widow, and the other defendants and plaintiff are the heirs, of decedent. On the twenty-eighth day of August, 1886, the intervenors recovered a judgment against the plaintiff, A. L. Kite, and the defendants, Charles H. and William Kite, for the sum of $1,582-19 and costs, upon a note made before the death of John Kite. By their petition of intervention the…

2Cases cited4 opinions

  1. Mock v. WatsonSupreme Court of Iowa · 1875
  2. Johnson v. GaylordSupreme Court of Iowa · 1875
  3. Huskins, Bryson & Co. v. HanlonSupreme Court of Iowa · 1887
  4. Moninger & Ringland v. RamseySupreme Court of Iowa · 1878

3Cited by13 opinions

  1. Rice v. BurkhartSupreme Court of Iowa · 1906
  2. In re Estate of GuthrieSupreme Court of Iowa · 1918
  3. Maguire v. KennedySupreme Court of Iowa · 1894
  4. First National Bank v. WillieSupreme Court of Iowa · 1901
  5. In re EashDistrict Court, N.D. Iowa · 1907

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