King v. Ware
Supreme Court of Iowa
Appeal from Frcml&lwb Ci/reuit Court. Ti-ie plaiutiif claims to be tbe owner of an undivided interest in 1,280 acres of land in Franklin county, and by bis petition demands partition thereof.
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Appeal from Frcml&lwb Ci/reuit Court. Ti-ie plaiutiif claims to be tbe owner of an undivided interest in 1,280 acres of land in Franklin county, and by bis petition demands partition thereof. Tbe defendant averred in substance tbat Asabel Gage entered and located tbe land about tbe 20tli day of May, 1856, and tbat be died on or about July, 1861, seized of said premises, and without having made any disposition thereof by will; that at the date of his death, and at all times prior thereto, said Asahel Gage was a non-resident alien, being a subject of Great Britain, residing in Canada West; that…
1Opinion of the CourtRothbock, J.
l. descent: estate in non-resident alien. I. The decisive question in this case is, was Asahel Gage seized of an estate in fee of the lands in
controversy at the time of his death, or in other j words did his purchase of the land from the United States invest him with the title thereto notwithstanding the fact that at the time of his purchase and ever afterward he was a non-resident alien? It is contended by appellant that notwithstanding the fact that *99a non-resident alien under tbe law then in force could not under the ordinary rule acquire and hold real estate in this State, yet the purchase…
2Cases cited1 opinion
- Krogan v. KinneySupreme Court of Iowa · 1863
3Cited by8 opinions
- Simplot v. Chicago, M. & St. P. Ry. Co.U.S. Circuit Court for the District of Northern Iowa · 1883
- Mitchell v. VestSupreme Court of Iowa · 1912
- Furenes v. MickelsonSupreme Court of Iowa · 1892
- Kolbow v. StateMontana Supreme Court · 1911
- Ware v. WisnerU.S. Circuit Court for the District of Iowa · 1883
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