McDonald v. Basom
Supreme Court of Iowa
Appeal from Carroll District Court. — Hon. Z. A. Church, Judge. Amos W. Basom, husband, and Eva McDonald, and Victoria J. Winnette, daughters, of Sarah L. Basom, deceased, filed their petition in equity against Taylor Ereemont Basom, son and only other heir of said deceased, asking partition of a certain eighty-acre tract of land of which Sarah L. Basom died seized.
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Appeal from Carroll District Court. — Hon. Z. A. Church, Judge. Amos W. Basom, husband, and Eva McDonald, and Victoria J. Winnette, daughters, of Sarah L. Basom, deceased, filed their petition in equity against Taylor Ereemont Basom, son and only other heir of said deceased, asking partition of a certain eighty-acre tract of land of which Sarah L. Basom died seized. Defendant answered, alleging, in substance, as follows: That about April, 1878, he entered into an oral agreement with his father and mother, that his mother should have a home with him whenever she chose to live with him; that he…
1Opinion of the CourtGiven, J.
I. To defeat plaintiffs’ right to partition, and to entitle himself to the relief demanded, the burden is upon the defendant to prove that a parol agreement was made as alleged; that he took possession of the land under it; that he gave his mother a home with him whenever she chose to live with him, and that he improved and cultivated the land. We first inquire as to the alleged agreement, to establish which the proofs must be clear, definite, and conclusive. Moore v. Pierson, 6 Iowa, 298. The circumstances surrounding the parties in April, 1878, were these: Appellant, then a young unmarried…
2Cases cited1 opinion
- Moore v. PiersonSupreme Court of Iowa · 1858
3Cited by9 opinions
- Stennett v. StennettSupreme Court of Iowa · 1916
- Williams v. HarrisonSupreme Court of Iowa · 1940
- In Re Estate of DolmageSupreme Court of Iowa · 1927
- Briles v. GoodrichSupreme Court of Iowa · 1902
- Black v. MillerSupreme Court of Iowa · 1912
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