Hoffman v. Stigers
Supreme Court of Iowa
Appeal from General Term, Seventh District. Partition. — The lands once belonged to George Piirsell, and descended, with others, to his heirs. Phillip and Mary Hoffman were husband and wife; the said Mary being the sister of said George, and entitled, as such, to one-sixteenth of his real property. The husband, Phillip, acquired by purchase from other heirs three-fourths of one-sixteenth.
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Appeal from General Term, Seventh District. Partition. — The lands once belonged to George Piirsell, and descended, with others, to his heirs. Phillip and Mary Hoffman were husband and wife; the said Mary being the sister of said George, and entitled, as such, to one-sixteenth of his real property. The husband, Phillip, acquired by purchase from other heirs three-fourths of one-sixteenth. The widow of George Pursell, and a surviving brother, instituted proceedings for partition, making all the other heirs, including Phillip and Mary Hoffman, parties. They answered, claiming as their interest…
1Opinion of the CourtWright, J.
i. coottahce: ment invarstl0“' As plaintiffs do not now claim the undivided half, of the tract, but are content to take the mother’s share as it stood before partition, less husband’s (and father’s) dower interest; and as this position is as favorable as defendant could ask, if plaintiffs are entitled to any thing, *304—we say, in this view of the controversy, we are relieved from examining the position evidently assumed by appellant’s counsel when the action was commenced. That is to say, whether the judgment of partition did not conclusively settle that the husband and wife had equal interests…
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