Wertz v. Merritt Bros.
Supreme Court of Iowa
Appeal from Des Moines District Court.- — Hon. Charles II. Phelps, Judge. The petitiou of plaintiff alleges that on the twenty-fourth day of May, 1886, Benjamin Wertz died intestate, seized in fee of the west half of the southeast quarter, and east half of the southwest quarter, of section ten, and the east half of the northeast quarter of section twenty-one, all in township sixty-eight north, of range eighteen west; that defendant Mary J. Wertz is the widow of decedent, and…
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Appeal from Des Moines District Court.- — Hon. Charles II. Phelps, Judge. The petitiou of plaintiff alleges that on the twenty-fourth day of May, 1886, Benjamin Wertz died intestate, seized in fee of the west half of the southeast quarter, and east half of the southwest quarter, of section ten, and the east half of the northeast quarter of section twenty-one, all in township sixty-eight north, of range eighteen west; that defendant Mary J. Wertz is the widow of decedent, and as such is entitled to an undivided one-third of said premises ; that plaintiff and defendants Joseph Wertz and…
1Opinion of the CourtRobinson, J.
SaifsactSns ceased?6 de_ s gott • of laud dene?: evi" I. It is insisted on the part of Joseph Wertz that the evidence is sufficient to establish his alleged ownership of the forty-acre tract which he claims ; but in this view we do not concur. The evidence of Joseph Wertz and wife as to the alleged verbal agreement with decedent is made incompetent by section 3639 of the Code, and must be disregarded. There is conflict in the evidence as to this issue ; some of the admissions of ^osePk teeing to show that after the death father he made no claim of right to this tract, but expressed a desire…
2Cases cited1 opinion
- Pelan v. De BevardSupreme Court of Iowa · 1862
3Cited by16 opinions
- Bolton v. Oberne, Hosick & Co.Supreme Court of Iowa · 1890
- Kramer v. HofmannSupreme Court of Iowa · 1934
- Foster v. RiceSupreme Court of Iowa · 1904
- Livasy v. State BankSupreme Court of Iowa · 1919
- White v. DanforthSupreme Court of Iowa · 1904
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