Legal Opinion

Wescott v. Binford

Supreme Court of Iowa

Decided February 5, 1898PublishedCited by 40 opinions

Appeal from Marshall District Court. — Hon. B. P. Birdsall, Judge. Action at law to recover the possession of real properly and damages for its detention. A demurrer to the petition was sustained, and, the plaintiffs refusing to plead further, judgment was rendered in favor of the defendants for costs. The plaintiffs appeal.

1Opinion of the CourtRobinson, J.

*6471 *646The material facts admitted by the demurrer are substantially as follows: In October, 1865, John Wesicott, a resident of Marshall county, died testate, seized, in fee simple, of real property in the town of Marshall, in Marshall county. The will of the decedent was admitted to probate, and contains the following provisions: “* * * I do give, devise, and bequeath unto my wife, Hannah Westeott, the real estate situated in said' county of Marshall and sítate of Iowa, described as follows, to-wit: Lots numbered four and five, block numbered nineteen, and lots numbered seven and nine in block…

2Cases cited19 opinions

  1. Allen v. CraftIndiana Supreme Court · 1887
  2. Meek v. BriggsSupreme Court of Iowa · 1893
  3. Daniel v. WhartenbySupreme Court of the United States · 1873
  4. Ridgeway v. LanphearIndiana Supreme Court · 1884
  5. Pierson v. LaneSupreme Court of Iowa · 1882

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3Cited by40 opinions

  1. Malin v. County of LamoureNorth Dakota Supreme Court · 1914
  2. Booth's Exr. v. Commonwealth ex rel Jefferson County Atty.Court of Appeals of Kentucky · 1908
  3. Atlantic Coast Line Railroad v. City of LakelandSupreme Court of Florida · 1927
  4. Barker v. CrumCourt of Appeals of Kentucky · 1917
  5. Westcott v. MeekerSupreme Court of Iowa · 1909

35 more not listed; retrieve them via the Exa API.

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