Legal Opinion

Williams v. Wescott

Supreme Court of Iowa

Decided May 11, 1889PublishedCited by 36 opinions

Appeal from Woodbury District Court. — How. G-eokge W. Wakefield, Judge. This is an action in equity, commenced to set aside the decree rendered and certain orders made in proceedings for the partition of real estate. The defendants appeared and filed a motion to strike from the petition, which was sustained. They then filed an answer, and the defendant Hedges filed a counter-claim. The plaintiffs were adjudged in default, and judgment was rendered against them.

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Appeal from Woodbury District Court. — How. G-eokge W. Wakefield, Judge. This is an action in equity, commenced to set aside the decree rendered and certain orders made in proceedings for the partition of real estate. The defendants appeared and filed a motion to strike from the petition, which was sustained. They then filed an answer, and the defendant Hedges filed a counter-claim. The plaintiffs were adjudged in default, and judgment was rendered against them. Judgment was also rendered in favor of defendant Hedges on Ms counter-claim. Plaintiffs filed motions to set aside the judgment and…

1Opinion of the CourtRobinson, J.

The petition states that on the fifteenth day of July, 1882, Jesse L. Williams, a resident of the state of Indiana, was the owner of an undivided oné-half of the east half of the northeast quarter of section 20, township 89, range 47, in Woodbury county ; that defendant George E. Wescott was then the owner of an undivided one-fourth of said tract, and that an undivided one-fourth thereof was owned by forty-three persons as tenants in common, and as heirs of Israel G. Lash, deceased, all of whom were non-residents of the state of Iowa ; that of said heirs sixteen were minors; that on said date…

2Cases cited1 opinion

  1. County of Buena Vista v. I. F. & S. C. R. Co.Supreme Court of Iowa · 1878

3Cited by36 opinions

  1. Knowles v. BlueSupreme Court of Alabama · 1923
  2. Houghton v. DicksonCalifornia Court of Appeal · 1916
  3. Sheldon v. WrightSupreme Court of Vermont · 1907
  4. Barfield v. South Highlands InfirmarySupreme Court of Alabama · 1915
  5. Barto v. Sioux City Electric Co.Supreme Court of Iowa · 1903

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