Dickinson v. Crowell
Supreme Court of Iowa
Appeal from, Buchanan District Oourt. — Hon. Eranklin 0. Platt, Judge. IN 1870, Merrick, O. B., and A. D. Dickinson acquired the S. E. N. E. i, of section 5, township 89, range 9, in Buchanan county. Upon the death of Merrick Dickinson, the-other two, his sons, inherited his share.
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Appeal from, Buchanan District Oourt. — Hon. Eranklin 0. Platt, Judge. IN 1870, Merrick, O. B., and A. D. Dickinson acquired the S. E. N. E. i, of section 5, township 89, range 9, in Buchanan county. Upon the death of Merrick Dickinson, the-other two, his sons, inherited his share. In 1883 the partition thereof was left to arbitrators who found, that O. B. Dickinson should have as his share the west one-half of said forty, including “the right of way to be given” by A. D.' Dickinson and his assigns, forever, “from the highway on the east of said land through the land awarded to A. D.…
1Opinion of the CourtLadd, J.
The forty acres were for many years unfenced and uncultivated. The south ten acres was sold to Davis. The west half of the remainder now beloiigs to the plaintiff. Between it and the highway is the other half, which is the property of the defendants. That the plaintiff was awarded the right of way across the -east fifteen acres in partition proceedings between himself and brother A. D. Dickinson in 1883 is not questioned. • That decree stipulated “that said O. B. Dickinson shall take, have, and hold the west half of the southeast of the northeast quarter of section five (5), township…
2Cases cited5 opinions
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