Knott v. Tincher
Supreme Court of Iowa
Appeal from Warren District Court. ■ This is an- action to recover money alleged to have been received by the defendant, Mahala, for the use of the plaintiffs. The plaintiffs are three sisters, children of John M. Knott, now deceased, by a first wife. The defendants are the widow of said Knott by a second marriage, and her second husband.
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Appeal from Warren District Court. ■ This is an- action to recover money alleged to have been received by the defendant, Mahala, for the use of the plaintiffs. The plaintiffs are three sisters, children of John M. Knott, now deceased, by a first wife. The defendants are the widow of said Knott by a second marriage, and her second husband. The first wife of Knott, the mother of plaintiffs, was the owner of certain real estate, which descended to plaintiffs; after his second marriage and the birth of two children therefrom to him, Knott entered the military service, and, as is claimed by…
1Opinion of the CourtCole, J.
The only question made by this appeal is upon the sixth special finding by the jury, which was submitted by ' the court against defendants’ objections, and which the defend*630ants moved to set aside, and for judgment in their favor, notwithstanding the general verdict. The statement preceding this opinion shows the nature of the controversy and the issues involved. At the close of the evidence, the defendants submitted five special interrogatories for the jury to answer in their findings. They were:
First. Did the defendants receive the rent of plaintiffs’ land? Answer — No.
Second. Did they…
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