Oviatt v. Oviatt
Supreme Court of Iowa
Appeal from Boone District Court. — R. M. Wright, Judge. Petition for a new trial of an action in partition commenced by plaintiffs in February of the year 1914..
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Appeal from Boone District Court. — R. M. Wright, Judge. Petition for a new trial of an action in partition commenced by plaintiffs in February of the year 1914.. Defendants were each personally served with notice of that action for the February term of court, but did not appear, and a default was taken against them and a decree rendered, fixing the interests of the several parties in and to the lands in controversy and ordering a sale thereof and a division of the proceeds proportionately according to the interests of the parties as fixed in the decree. The land was duly appraised in virtue…
1Opinion of the CourtDeemeb, J.
The petition for a new trial was bottomed on the allegations that the original decree entered in the partition suit was not in accord with, or justified under, the original notice served on the defendants, appellants herein, and that the decree was not in accord with the allegations of the original petition in the partition proceedings, but was contrary thereto. It also alleged that, when partition proceedings were pending, and before any decree was passed, the parties entered into a stipulation, whereby the interest of defendant Horace Oviatt was fixed in consideration of his (Horace…
2Cases cited7 opinions
- Brain v. DeanSupreme Court of Iowa · 1913
- Bosch v. KassingSupreme Court of Iowa · 1884
- Johnson v. MantzSupreme Court of Iowa · 1886
- Heins v. WickeSupreme Court of Iowa · 1897
- Moomey v. MaasSupreme Court of Iowa · 1867
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Claeys v. MoldenschardtSupreme Court of Iowa · 1969
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- De Witt v. District Court of Linn CountySupreme Court of Iowa · 1928