Shearer v. Weaver
Supreme Court of Iowa
Appeal from Wapello Circuit Court■ This-is an action for the partition of certain real estate. The plaintiffs are husband and wife. The plaintiff Emma Shearer claims that she, as the heir of John P. Weaver, is entitled to two-thirds of said real estate, and that Nancy Weaver, as the widow of John P. Weaver, is entitled to the remaining one-third of said estate.
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Appeal from Wapello Circuit Court■ This-is an action for the partition of certain real estate. The plaintiffs are husband and wife. The plaintiff Emma Shearer claims that she, as the heir of John P. Weaver, is entitled to two-thirds of said real estate, and that Nancy Weaver, as the widow of John P. Weaver, is entitled to the remaining one-third of said estate. The defendant J. P. Hawthorn claims that he, as the grantee of Isaac Weaver, is the owner of one-third of the land described. The cause was referred to I. N.. Mast Esq., who reported the facts, and recommended that one-third part of…
1Opinion of the CourtDay, J.
The referee filed a report as follows: “ 1st. That on the 30th day of July, 1875, John P. Weaver'died intestate, seized in fee of the following described real estate, to-wit: The E£ of the NE¿ of section No. 33, and 60 acres off of the south part of the NWJ of section No. 34, all in township No. 73, range No. 12 west. Also the N twelve acres of the NE^ of the NW| of section No. 5, township No. 72, range No. 12 west; all in Wapello county, Iowa.
“2d. That John P. Weaver left surviving him Nancy Weaver, his wife, the defendant herein.
“3rd. That he also.left surviving him the plaintiff Emma…
2Cases cited3 opinions
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