Wright v. Breckenridge
Supreme Court of Iowa
Appeal from Monroe District Court.— Hon. Frank W. Eichelberger, Judge. Suit for the partition of a certain 80-acre tract of-land. Defendant Stanton was made a party because he claimed an interest therein, and defendant Breokenridge because he held a mortgage on the entire tract. Defendant Stanton made default, and decree was entered against him.
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Appeal from Monroe District Court.— Hon. Frank W. Eichelberger, Judge. Suit for the partition of a certain 80-acre tract of-land. Defendant Stanton was made a party because he claimed an interest therein, and defendant Breokenridge because he held a mortgage on the entire tract. Defendant Stanton made default, and decree was entered against him. Breckenridge answered, and on his answer the case went to trial, resulting in a decree confirming plaintiff’s interest, establishing that of Stanton,, and ordering a sale of the entire premises. Defendant Breekenridge appeals. The issues will be…
1Opinion of the CourtDeemer, C. J.
C. W. Acheson died in Monroe county, Iowa, in January of the year 1888. He left surviving his widow, Cora I., and his mother, T. Caroline. At the time of his death he owned two hundred and sixty-seven acres of land, nearly all in small tracts scattered over the county. The eighty acres in controversy was one of the largest of these. In addition to this land, he owned a small homestead in Alb-ia, upon which he and his wife resided. He also owned a livery stock, worth something over $2,000; some tax certificates, worth over $1,300; and book accounts amounting to more than $1,000. He also held…
2Cases cited4 opinions
- Linton v. CrosbySupreme Court of Iowa · 1880
- Smith v. ZuckmeyerSupreme Court of Iowa · 1881
- Baldwin v. HillSupreme Court of Iowa · 1896
- Dobson v. DobsonSupreme Court of Iowa · 1870
3Cited by3 opinions
- Boyles v. CoraSupreme Court of Iowa · 1942
- In Re Estate of FinchSupreme Court of Iowa · 1948
- Rice v. RiceSupreme Court of Iowa · 1910