Citizens' Savings Bank v. Stewart
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — Hon. N. W. Macy, Judge. Action to quiet tbe title to an undivided one half of twenty acres of land in Pottawattamie county, it being tbe north balf of tbe southeast quarter of tbe ■southeast quarter of section 36, in township 75, range 44. In 1871 tbe land was owned jointly by the defendant and one Thomas A. Walker, • each an undivided one half.
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Appeal from Pottawattamie District Court. — Hon. N. W. Macy, Judge. Action to quiet tbe title to an undivided one half of twenty acres of land in Pottawattamie county, it being tbe north balf of tbe southeast quarter of tbe ■southeast quarter of section 36, in township 75, range 44. In 1871 tbe land was owned jointly by the defendant and one Thomas A. Walker, • each an undivided one half. In March, 1872, Walker conveyed his interest in the land to his wife, Mary C. Walker, with other lands. ■ Walker was insolvent, and several suits, aided by attachment, were instituted, and the lands,…
1Opinion of the CourtGranger, C. J.
It will be well to first settle disputed questions as to the equity suit of Wilkinson against Walker and wife. That suit was pending when the partition suit of Stewart against Walker and wife .and Elwell was commenced. Neither the plaintiff bank nor Wilkinson was a party to the partition suit. Ap-pellee’s claim is that the land in question was not so involved in the equity suit of Wilkinson against Walker .and wife that he was required to take notice of it in the partition' proceeding, wherein he purchased the interest ■of Mary C. Walker, and thus became the owner of the •entire twenty acres.…
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