Wearin v. Munson
Supreme Court of Iowa
Appeal from Mills District Court. The petition states: First, That plaintiffs are the widow and heirs at law of Josiah Wearin, deceased; Second, That plaintiffs, as such widow and heirs at law, are the owners of certain real estate, described in the petition; Third, That defendant makes some claim to said real estate adverse to the plaintiffs; and, Fourth, That said real estate has been actually and notoriously in possession of their ancestor and themselves for the last…
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Appeal from Mills District Court. The petition states: First, That plaintiffs are the widow and heirs at law of Josiah Wearin, deceased; Second, That plaintiffs, as such widow and heirs at law, are the owners of certain real estate, described in the petition; Third, That defendant makes some claim to said real estate adverse to the plaintiffs; and, Fourth, That said real estate has been actually and notoriously in possession of their ancestor and themselves for the last twenty years, under a claim of ownership, and that defendant has cut down and converted to his own use valuable limber…
1Opinion of the CourtSeevers, J.
I. It will be conceded that the plaintiffs are entitled to the relief asked in the petition, if they on the trial established the allegations thereof. It is admitted that the plaintiffs are the widow and heirs at law of Josiah Wearin.
There was introduced in evidence a deed from Mills county, conveying the real estate to Josiah Wearin in June, 1870, in pursuance of a pre-emption made in 1855, but there is no evidence that Mills county was the owner or had. any title to the real estate in controversy. This being so, the evidence fails to show that Josiah Wearin at his death had title. In the…
2Cited by5 opinions
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