Legal Opinion

Wallace v. Tinney

Supreme Court of Iowa

Decided October 23, 1909PublishedCited by 5 opinions

Appeal from Woodbury District Court. — Hons. F. B. Gaynor and David Mould, Judges. In an action brought by plaintiff against defendant Margaret Tinney, involving the ownership of certain real estate, Margaret Wallace intervened. Thereafter Letitia Wallace sought to be substituted for Margaret Wallace on the ground that she had been appointed guardian for Margaret Wallace; she, Margaret, being of unsound mind.

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Appeal from Woodbury District Court. — Hons. F. B. Gaynor and David Mould, Judges. In an action brought by plaintiff against defendant Margaret Tinney, involving the ownership of certain real estate, Margaret Wallace intervened. Thereafter Letitia Wallace sought to be substituted for Margaret Wallace on the ground that she had been appointed guardian for Margaret Wallace; she, Margaret, being of unsound mind. Plaintiff objected to the substitution because Letitia Wallace had never been legally appointed guardian. These objections were overruled. Thereupon plaintiff filed a plea in abatement…

1Opinion of the CourtDeemer, J.

One branch of this ease has already been before this court. See Wallace v. Wallace, 141 Iowa, 306. After the bringing of that action Margaret Wallace, plaintiff herein, commenced this suit against defendant Margaret Tinney, her sister-in-law, being the sister of her husband, James Wallace, to quiet her title to the same property which was involved in the case which reached this court on the former appeal. Margaret Wallace, who was defendant in that action and the mother of plaintiff’s husband and of John Wallace, deceased, intervened, claiming title to the property. Letitia Wallace was upon…

2Cases cited14 opinions

  1. Kurtz v. St. Paul & Duluth R. Co.Supreme Court of Minnesota · 1892
  2. Ockendon v. BarnesSupreme Court of Iowa · 1876
  3. Moreland v. LawrenceSupreme Court of Minnesota · 1876
  4. Pick v. StrongSupreme Court of Minnesota · 1879
  5. Harkins v. EdwardsSupreme Court of Iowa · 1855

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

3Cited by5 opinions

  1. Henderson v. Shell Oil Co.Texas Supreme Court · 1948
  2. In re the Appointment of a Committee of the Property of RyanNew York Supreme Court · 1943
  3. Edwards v. SmithSupreme Court of Iowa · 1947
  4. Jensen v. MartinsenSupreme Court of Iowa · 1940
  5. Whittelsey v. ConniffSupreme Court of Missouri · 1916

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