Metcalf & Simpson v. Hoopingardner
Supreme Court of Iowa
Appeal from Hardin Circuit Court. This action is for the partition of a grist mill. It is alleged that plaintiffs are the owners of the undivided one-half of the property, and that the defendant is the owner of the other undivided one-half.
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Appeal from Hardin Circuit Court. This action is for the partition of a grist mill. It is alleged that plaintiffs are the owners of the undivided one-half of the property, and that the defendant is the owner of the other undivided one-half. There is an abstract of title exhibited with the petition, which shows.that there is a mortgage executed by plaintiffs upon said property which is unsatisfied, and that there is a judgment lien as against defendant, and also a mechanics’ lien, and certain delinquent taxes. It is averred in the petition that the property has been in possession of…
1Opinion of the CourtEothrook, J.
i partitionmon °pvoperty-I. The petition and answer contain many allegations which in our view of the case are redundant and irrelevant. They consist of allegations as to the ability and inability of the parties to agree, as to the necessity of repairs, the time when the mill was erected, when plaintiffs bought their interest, 'and as to ■whether the parties can or cannot harmoniously operate the mill together. Much of the argument of counsel for appellant is -in support of the proposition that there is no constitutional power to require a partition to be made by a sale of the common property…
2Cited by5 opinions
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- Rider v. ClarkSupreme Court of Iowa · 1880
- Helmick v. KraftWest Virginia Supreme Court · 1919
- Hegewald v. NealCourt of Appeals of Washington · 1981
- Amended March 13, 2017 Russell L. Newhall v. Marcia Elaine Newhall RollSupreme Court of Iowa · 2016