Winslow v. Donnelly

Elliott, C. J. —

The appellants seek a decree quieting title, and allege in their complaint that their title is clouded by a devise to the appellee. They aver that the will containing the devise was procured by the fraud of the devisee, who induced the testatrix to marry him, although he had a wife living at the time, from whom he had not been divorced.

The complaint also alleges that the will “ was duly admitted to probate in the District Court of Cedar county, in the State of Iowa, and a duly authenticated copy of said will, and the probate thereof from said District Court of Cedar *566county,…