Oziah v. Howard
Supreme Court of Iowa
Appeal from Polk District Oourt. — Hon. W. H. McHenry, Judge. Action for partition of real property. There was a decree' finding plaintiff's entitled to one-tenth interest in the property described, and ordering the sale of said property and distribution of the proceeds. During the pendency of the ease the death of defendant, Thomas J. Howard, was suggested, and, on motion of plaintiffs, J. O. Howard was substituted as his administrator.
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Appeal from Polk District Oourt. — Hon. W. H. McHenry, Judge. Action for partition of real property. There was a decree' finding plaintiff's entitled to one-tenth interest in the property described, and ordering the sale of said property and distribution of the proceeds. During the pendency of the ease the death of defendant, Thomas J. Howard, was suggested, and, on motion of plaintiffs, J. O. Howard was substituted as his administrator. It will be convenient, however, to still refer to Thomas J. Howard as defendant. The. administrator appeals from the decree.
1Opinion of the CourtMcClain, J.
The plaintiffs ask partition of two parcels of real estate situated in Des Moines, the title of which stood in Mrs. Emma D. Howard at her decease, intestate and without descendants, in June, 1906, leaving as her survivors interested in her estate her husband, who is defendant in this action, and certain brothers and sisters, and descendants of brothers and sisters deceased. Plaintiffs claim to be the grandchildren of a brother of Mrs. Howard through their father, who was the sole heir of said brother, and who has been absent from the state and from his home *201unheard of by his family for such…
2Cases cited8 opinions
- Anderson v. AchesonSupreme Court of Iowa · 1907
- Tod v. CrismanSupreme Court of Iowa · 1904
- Thornily v. PrenticeSupreme Court of Iowa · 1903
- Hawk v. DaySupreme Court of Iowa · 1910
- Beeman v. KitzmanSupreme Court of Iowa · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- McLaughlin v. Sovereign CampNebraska Supreme Court · 1914
- Lawley v. KeyesSupreme Court of Iowa · 1915
- Olds v. OldsSupreme Court of Iowa · 1935
- Rodskier v. Northwestern Mutual Life InsuranceSupreme Court of Iowa · 1933
- Johnston v. BootheSupreme Court of Iowa · 1943
3 more not listed; retrieve them via the Exa API.