Rogers v. Chase
Supreme Court of Iowa
Appeal from Dickinson District Court, — Hon, Lot Thomas, Judge. Action to partition the west half of section 26, the west half of section 35, and the northwest quarter of the southeast quarter of section 35, township number 99, range 37, in Dickinson county, Iowa.
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Appeal from Dickinson District Court, — Hon, Lot Thomas, Judge. Action to partition the west half of section 26, the west half of section 35, and the northwest quarter of the southeast quarter of section 35, township number 99, range 37, in Dickinson county, Iowa. Theland is owned by the plaintiff and the defendant Ella Irwin Chase, and a controversy in the case is as to the extent of their respective interests; the plaintiff firm claiming a three fourths interest, and the defendant a one half interest, and hence the controversy is as to the ownership of the one fourth interest. Charles D.…
1Opinion of the CourtG-ranger, J.
A controlling question in the case seems to be as to the effect of the condition of the title to the land in Dickinson county. The fact is beyond question, independent of the record, that the title, as it rested in Ferguson, was in trust for the heirs of Robert Irwin, and that, as such heirs, Ella Irwin Chase, defendant, owned an undivided one half, and the children of Eliza J. Marston the other half, which, upon the conveyance by Laura M. and Ella C. Marston of their interest, vested Robert I. Marston with an undivided one half; and this is what he actually owned when he conveyed his…
2Cases cited6 opinions
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- Bowen v. ThrallSupreme Court of Vermont · 1856
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