Slattery v. Slattery
Supreme Court of Iowa
Appeal from, Lee District Court. — HoN. H. BaNK, Judge. Action to recover possession of real estate and for rents and profits thereof. The action was commenced at law, but was transferred to the equity docket, and tried as an equitable action.
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Appeal from, Lee District Court. — HoN. H. BaNK, Judge. Action to recover possession of real estate and for rents and profits thereof. The action was commenced at law, but was transferred to the equity docket, and tried as an equitable action. It appears without question that Daniel Slattery, Sr., died intestate in the year 1835; that he left surviving- him this plaintiff, as his widow, and three children — two sons, Charles and Daniel, Jr., and one daughter, Catharine; that at the time of his death he was the owner, among other tracts of land, of the land in controversy, which was the family…
1Opinion of the Court
Bishop, O. J.
The initial question presented by the record is whether or not Daniel Slattery, Jr., joined in the execution and delivery of the deed to the lands in controversy to his mother, as alleged by her. It is manifest that the answer to such question must be determinative of the principal issue in the case. Indeed, counsel for appellants do not deny that, if such question shall be determined in accordance with the contention of appellee, then no other questions remain for consideration, save that made by the plea of the statute of limitations, and that respecting the value of the…
2Cases cited4 opinions
- Woods v. HilderbrandSupreme Court of Missouri · 1870
- Hollingsworth v. HolbrookSupreme Court of Iowa · 1890
- Watson v. RiskamireSupreme Court of Iowa · 1876
- Kruger v. WalkerSupreme Court of Iowa · 1895
3Cited by8 opinions
- Abodeely v. CavrasSupreme Court of Iowa · 1974
- Connell v. HaysSupreme Court of Iowa · 1963
- Fulton v. McCulloughSupreme Court of Iowa · 1943
- Olsen v. OlsenSupreme Court of Iowa · 1945
- Purcell v. BarnettSupreme Court of Oklahoma · 1912
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