Mally v. Mally
Supreme Court of Iowa
Appeal from Polh District Court. — Hon. S. P. Prouty, J udge. One Catherine Mally died testate on September 21, 1S98, seised of two tracts of land, — one of 80 acres, and’ the other of 22 6-100 aeres. The parties hereto are sons of said Catherine Mally, who in her will gave a legacy of $600 to ■plaintiff, and all of her real estate to defendant.
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Appeal from Polh District Court. — Hon. S. P. Prouty, J udge. One Catherine Mally died testate on September 21, 1S98, seised of two tracts of land, — one of 80 acres, and’ the other of 22 6-100 aeres. The parties hereto are sons of said Catherine Mally, who in her will gave a legacy of $600 to ■plaintiff, and all of her real estate to defendant. It is claimed on behalf of plaintiff that he and his sister purchased the 80-acre tract in the year 1865, paying in equal shares therefor ; that at the same time, and from the same grantor, Catherine Mally purchased the 22 6-100 acres; that but one…
1Opinion of the CourtWaterman, J.
1 *3122 3 *311■ After the evidence was all in, the court .orally announced its decision on the merits of the case, which was in plaintiff’s favor, and ordered a form of decree prepared. In conformity therewith, counsel for plaintiff prepared a decree, which was duly signed by the judge on the eighteenth day of March, 1899. On the twenty-first of March defendant filed the following motion, which was supported by affidavits, the nature of which we shall have occasion to review to some extent hereafter: '“Comes now P. P. Mally, the defendant in the above-entitled ■cause, and moves the court to set aside…
2Cases cited2 opinions
- Dunn v. WolfSupreme Court of Iowa · 1891
- Murray v. WeberSupreme Court of Iowa · 1894
3Cited by7 opinions
- Tathwell v. City of Cedar RapidsSupreme Court of Iowa · 1903
- Ward v. Marshalltown Light, Power & Railway Co.Supreme Court of Iowa · 1906
- Chismore v. ChismoreSupreme Court of Iowa · 1914
- Farmers Insurance Exchange v. MooresSupreme Court of Iowa · 1956
- Dobberstein v. Emmet CountySupreme Court of Iowa · 1916
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