Niles v. Sprague
Supreme Court of Iowa
Appeal from Washington District Court. Action of right, to recover certain real estate in Iowa county. Both parties claim under Linus Niles, deceased. It is admitted that he died without issue, and never was married.
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Appeal from Washington District Court. Action of right, to recover certain real estate in Iowa county. Both parties claim under Linus Niles, deceased. It is admitted that he died without issue, and never was married. The plaintiffs claim that he was the lawful son of Sanford and Mary or Polly Niles — formerly Mary or Polly Purguson; that Sanford, after the birth of Linus, did not live with the said Polly, but with one Susan Spoon-er, by whom he raised a family — thé present plaintiffs; that the father, Sanford, and the mother, Polly, are dead, and plaintiffs are entitled to the estate of the…
1Opinion of the CourtWright, J.
Linus Niles was born in 1811. Sanford Niles married Susan Spooner some two years afterwards, and about the same time Polly married Jonathan Sprague. Linus died in October, 1853; Sanford, in November, 1818; Polly, in February, 1852. It is admitted that Sanford always recognized plaintiffs as his children, and that this recognition was general and notorious.
It will be observed that the material inquiry in this case is, whether Linus was the son of Sanford; and connected with this, and important to its determination, the further question whether Sanford and the mother, Polly, were ever married.…
2Cited by11 opinions
- State v. PeirceSupreme Court of Iowa · 1916
- Watson v. RichardsonSupreme Court of Iowa · 1899
- German Savings Bank v. Citizens National BankSupreme Court of Iowa · 1897
- People v. MilesCalifornia Supreme Court · 1904
- Armstrong v. James & Co.Supreme Court of Iowa · 1912
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