Johnson v. Clancy
Supreme Court of Iowa
Appeal from Adair District Court. — Hon. A. W. Wilkinson, Judge. These cases involve the same issue. They were tried together below, and are so submitted here. The plaintiffs are devisees of different tracts of land in Adair county, under the will of one John Craig, deceased, and as such they bring these actions to quiet their respective titles. The defendant claims to be the widow of said Craig, and entitled to the one-third part of said real estate.
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Appeal from Adair District Court. — Hon. A. W. Wilkinson, Judge. These cases involve the same issue. They were tried together below, and are so submitted here. The plaintiffs are devisees of different tracts of land in Adair county, under the will of one John Craig, deceased, and as such they bring these actions to quiet their respective titles. The defendant claims to be the widow of said Craig, and entitled to the one-third part of said real estate. She asks that her title thereto be quieted, and her interest admeasured and set apart to her. The facts are fully set out in the opinion. There…
1Opinion of the CourtWaterman, J.
— The voluminous record in this case presents but a single question, and that is one purely of fact. Was Mary Clancy married to John Craig? The testimony is in irreconcilable conflict. It would serve no good purpose to set out the details here, but we shall endeavor to give such an outline of the case as will afford an understanding of the claims of the respective *244parties and of our reasons for the conclusion at which we have arrived. The lower court properly held that the burden was on the defendant to establish the marriage, so we shall take up first the case as she presents it. Her own…
2Cited by1 opinion
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