Legal Opinion

Chehak v. Battles

Supreme Court of Iowa

Decided January 18, 1907PublishedCited by 74 opinions

Appeal from Jones District Court.— 1-Ion. ¥m. G.. Thompson, Judge. Action to quiet title to a forty-acre tract of land. The defendant in a cross-petition claimed an undivided one-fourth interest therein. To this plaintiffs filed a demurrer, which was sustained, and, as defendant elected to stand on the ruling, the cross-petition was dismissed, and she appeals. — ■

1Opinion of the Court

Ladd, J.—

Mary J. Battles was seised of the land in controversy at the time of her death in 1890, and, as it was a homestead, her husband continued in possession until 1904, when he died. Mrs.. Battles left her surviving three daughters, the plaintiffs, who inherit the property and are entitled to a decree giving title in them, unless the defendant has some interest therein by virtue of the following contract, to wit:

Know all men by these presents, that I, Mary Neugent, of the county of Humboldt, and State of Iowa, in consideration of the natural love and affection I bear to Mrs. Mary J.…

2Cases cited38 opinions

  1. Wallace v. LongIndiana Supreme Court · 1886
  2. Winne v. . WinneNew York Court of Appeals · 1901
  3. Sharkey v. McDermottSupreme Court of Missouri · 1887
  4. Kofka v. RosickyNebraska Supreme Court · 1894
  5. Sutton v. HaydenSupreme Court of Missouri · 1876

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

3Cited by74 opinions

  1. Crawford v. WilsonSupreme Court of Georgia · 1913
  2. Texas Co. v. Central Fuel Oil Co.Court of Appeals for the Eighth Circuit · 1912
  3. Estate of RadovichCalifornia Supreme Court · 1957
  4. Stewart v. ToddSupreme Court of Iowa · 1919
  5. In Re Clark's EstateMontana Supreme Court · 1937

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

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