Johnston v. Linder
Supreme Court of Iowa
Appeal from Jefferson District Court. — Hon. C. W. Vermilion, Judge. • Andrew Johnston, now deceased, a devisee under the will of John Linder, deceased, brought this action to partition a certain tract of land, containing 498 acres, which, it is claimed, was owned by Linder at the time of his death, making Harriet C. Linder, surviving widow, and certain other parties, who claimed some interest in the land, parties defendant.
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Appeal from Jefferson District Court. — Hon. C. W. Vermilion, Judge. • Andrew Johnston, now deceased, a devisee under the will of John Linder, deceased, brought this action to partition a certain tract of land, containing 498 acres, which, it is claimed, was owned by Linder at the time of his death, making Harriet C. Linder, surviving widow, and certain other parties, who claimed some interest in the land, parties defendant. The defendants averred that they owned the real estate in controversy at the time of the death of Linder and that plaintiff never had any interest therein. They set out…
1Opinion of the CourtDeemer, J.
1' ineness:Srare ce<ientediestate Of 6VÍCÍ6I1C6. The sole issue in the case is one of fact and that is, Was the deed in question executed and delivered by John Linder, before his death? On its face, the deed purports to have been executed on the 29th day of May, 1903, and to have been acknowledged on the same day, before Edward R. Best, as notary public in and for Jefferson county, Iowa. It was not filed for record, however, until May 3,1910, *443which was some days after the death of John Linder, he having departed this life on April 21, 1910, apparently seized of a fee simple estate in the…
2Cases cited10 opinions
- Insurance Co. v. NelsonSupreme Court of the United States · 1881
- Borland v. WalrathSupreme Court of Iowa · 1871
- Whitaker v. ParkerSupreme Court of Iowa · 1876
- Browning v. GosnellSupreme Court of Iowa · 1894
- Gritten v. DickersonIllinois Supreme Court · 1903
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Northwestern Mutual Life Insurance v. BlohmSupreme Court of Iowa · 1931
- Renter v. RenterNebraska Supreme Court · 1947
- Farmer v. Ames-Farmer Canning Co.Supreme Court of Iowa · 1920
- State v. WickettSupreme Court of Iowa · 1941
- Parry v. ReinertsonSupreme Court of Iowa · 1929
6 more not listed; retrieve them via the Exa API.