Plant v. Fate
Supreme Court of Iowa
Appeal from Bremer District Court. — Hon. J. F. Clyde, Judge. Action in equity for tbe partition of certain lands. Plaintiffs ask to be allowed for taxes paid and improvements mailt on tbe land and for attorney’s fees. Defendants deny that tbe improvements were permanent, allege that recovery for taxes paid prior to 1893 is barred, and they ask to recover for rents and profits of their share of the land.
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Appeal from Bremer District Court. — Hon. J. F. Clyde, Judge. Action in equity for tbe partition of certain lands. Plaintiffs ask to be allowed for taxes paid and improvements mailt on tbe land and for attorney’s fees. Defendants deny that tbe improvements were permanent, allege that recovery for taxes paid prior to 1893 is barred, and they ask to recover for rents and profits of their share of the land. Plaintiffs replied that they had taken care of and supported the defendants John and Mary Ann during their minority, and that the same was worth more than the reasonable value of the rent of…
1Opinion of the CourtGiven, C. J.
1 I. John Fate died intestate in 1875, seised of the land in question, and leaving the plaintiff Mary, since intermarried with plaintiff Joseph Plant, his widow, John Fate, Mary Ann Fate, since intermarried with defendant Frank Thompson, Jennie Fate, and Laureta Fate his children and only heirs, survive him. Joseph and Mary Plant, after their marriage, in 1877, went to reside upon said land, taking said children with them, and continued to reside thereon up to the commencement of this action. During these years Mr. Plant cared for and cultivated the land, and he and his wife provided for…
2Cases cited2 opinions
- Reynolds v. WilmethSupreme Court of Iowa · 1877
- Belknap v. BelknapSupreme Court of Iowa · 1889
3Cited by2 opinions
- Indra v. WigginsSupreme Court of Iowa · 1947
- Johnston v. SmithSupreme Court of Arkansas · 1970