Burch v. Nicholson
Supreme Court of Iowa
Appeal from Calhoun District Court. — Hon. F. M. Powers, Judge. Action to quiet title in plaintiff to an undivided interest as tenant in common in a quarter section of land, title to which was at one time in Allen Murphy, plaintiff’s grandfather, of whose estate plaintiff claims that she is joint heir with the defendants, and asking partition.
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Appeal from Calhoun District Court. — Hon. F. M. Powers, Judge. Action to quiet title in plaintiff to an undivided interest as tenant in common in a quarter section of land, title to which was at one time in Allen Murphy, plaintiff’s grandfather, of whose estate plaintiff claims that she is joint heir with the defendants, and asking partition. By cross-petition all the defendants save Joshua Murphy ask the same relief as to their joint undivided interests as heirs of Allen Murphy. The guardian of Joshua Murphy, insane, asks that the title of the property be quieted in him exclusively as…
1DissentEvans, J.
(dissenting). — The land involved consists of 160 acres in Calhoun county. Allen Murphy died seised thereof in February, 1886. He died intestate and left surviving him his widow, Deby Ann.Murphy, and six children and two grandchildren, being the daughters of a de*512ceased daughter. The children were George, Joshua, Henry, Richard, Mrs. Mary Nicholson, and Mrs. Allie Thompson. These were all adult at the time of the death of the father, and three of them were married. The grandchildren were Lillian and Minnie Luughead; the former being the plaintiff herein. They were minors, and were living in…
2Cases cited9 opinions
- Cecil v. BeaverSupreme Court of Iowa · 1869
- Creveling v. BantaSupreme Court of Iowa · 1908
- Robinson v. GouldSupreme Court of Iowa · 1868
- Day v. GriffithSupreme Court of Iowa · 1863
- Luckhart v. LuckhartSupreme Court of Iowa · 1903
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