Smith v. Smith
Supreme Court of Iowa
Appeal from Lee District Court.— IIon. Henry Bank, J udge. Action in equity for the partition of real estate. From the decree entered, both parties appeal, but the defendants, having first perfected their appeal are designated as appellants. The further material facts are’ stated in the opinion.
1Opinion of the CourtWeaver, J.
Daniel D. Smith died intestate January 5, 1902, seised of certain real estate in Lee county, Iowa. He left surviving him a widow who is the plaintiff in this case. He was childless and his only heirs are certain collateral relatives who are made defendants in the proceeding. The petition shows these facts and avers that Smith died seized of a certain 120-acre tract of land in said county, of which the widow asks to be adjudged the owner of an individual one-half, and that partition be adjudged accordingly. The action was begun within one year after the death of Smith, but the petition avers…
2Cases cited5 opinions
- Thomas v. ThomasSupreme Court of Iowa · 1887
- McClain v. McClainSupreme Court of Iowa · 1879
- Duncan v. DuncanSupreme Court of Iowa · 1884
- Everett v. CroskreySupreme Court of Iowa · 1897
- Minear v. HoggSupreme Court of Iowa · 1895
3Cited by15 opinions
- Todd v. StewartSupreme Court of Iowa · 1925
- Romp v. MahinSupreme Court of Iowa · 1913
- Hanson v. HansonSupreme Court of Iowa · 1910
- Honsinger v. StewartNorth Dakota Supreme Court · 1916
- Copper v. Iowa Trust & Savings BankSupreme Court of Iowa · 1910
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