Phillips v. Wilmarth
Supreme Court of Iowa
Appeal from Wright District Court. — -Hon. D. R. Hind-man, Judge. Action in equity, to quiet, in the plaintiffs’ • title to an undivided half of certain real estate, for a partition thereof, and for general equitable relief. There was- a hearing on the merits, and a decree for the plaintiffs. The defendants appeal.
1Opinion of the Court
Robinson, J
The land in controversy comprises one hundred and twenty acres, which were purchased from the general government in July, 1856, by William Phillips and Hopewell Hepburn, as tenants in common. They resided in Pittsburg, in the state of Pennsylvania, where Phillips died intestate in April, 1874. He was never married, and survived his parents; and his only heirs were his brother,' Robert B., and his sister, Eliza B. The sister died testate in March, 1877, and her will was admitted to probate in Pennsylvania and in Wright county, in this state. By a residuary provision, it devised to…
2Cases cited4 opinions
- Weare v. Van MeterSupreme Court of Iowa · 1875
- Fallon v. ChidesterSupreme Court of Iowa · 1877
- Austin v. BarrettSupreme Court of Iowa · 1876
- Hough v. EasleySupreme Court of Iowa · 1877
3Cited by4 opinions
- Crawford v. MeisSupreme Court of Iowa · 1904
- Inman v. QuireySupreme Court of Arkansas · 1917
- Gilman v. HeitmanSupreme Court of Iowa · 1907
- Wood v. SchwartzSupreme Court of Iowa · 1931