McKellar v. Harkins
Supreme Court of Iowa
Appeal from Clayton District Court. — A. N. Hobson, Judge. Suit in partition of lands. The real contest, however, is one of ownership. All parties claim as heirs of Hugh McKellar, also known in the record as Hugh McKellar, Jr. McKellar died intestate and unmarried, seized of the lands involved herein. The parties are divided into two contesting groups.
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Appeal from Clayton District Court. — A. N. Hobson, Judge. Suit in partition of lands. The real contest, however, is one of ownership. All parties claim as heirs of Hugh McKellar, also known in the record as Hugh McKellar, Jr. McKellar died intestate and unmarried, seized of the lands involved herein. The parties are divided into two contesting groups. The first group, including the plaintiffs and the first-named five defendants, comprises the surviving brothers and sisters, and the children of one brother deceased.' This group claims the full title by collateral inheritance. The second group…
1Opinion of the CourtEvans, J.
The five defendants referred to in the briefs as the “Adams” defendants are the legitimate children of Clara Johnson Adams. They aver that Clara Johnson Adams was the illegitimate child of Hugh McKellar, and that the paternity was proved in the lifetime of McKellar; and they aver, also, that the paternity was recognized by Mc-Kellar in writing. In support of the allegation of paternity and the proof thereof in the lifetime of McKellar, reliance is had upon certain bastardy proceedings had in the circuit court of Clayton County against McKellar, on complaint of Elsa Johnson, wherein trial Avas…
2Cases cited9 opinions
- Brisbin v. HuntingtonSupreme Court of Iowa · 1905
- Wagner v. VarnerSupreme Court of Iowa · 1879
- Brock v. State ex rel. JohnsonIndiana Supreme Court · 1882
- McGuire v. BrownSupreme Court of Iowa · 1875
- Johnson v. BodineSupreme Court of Iowa · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In Re Estate of ClarkSupreme Court of Iowa · 1940
- Hastings v. RathboneSupreme Court of Iowa · 1922
- Quinto Depaoli, Jr., Estate of Quinto Depaoli, Deceased, Soila Depaoli and Rachel Craig, Personal Representatives v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1995
- Murphy v. MurphySupreme Court of Iowa · 1920
- Estate of PatersonCalifornia Court of Appeal · 1939
6 more not listed; retrieve them via the Exa API.