Legal Opinion

Kerr v. Yager

Supreme Court of Iowa

Decided December 13, 1912PublishedCited by 8 opinions

Appeal from Harrison District Court. — Hon. A. B. Thornell, Judge. Action for the partition of certain real estate. Defendants Yager and Yager claimed to be the owners of the land through mesne conveyances from James H. House, now deceased, from whom all parties trace their title. Various other issues were tendered, and upon trial to the court a decree was rendered dismissing plaintiff’s petition, and quieting the title to the land in defendants Yager and Yager.

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Appeal from Harrison District Court. — Hon. A. B. Thornell, Judge. Action for the partition of certain real estate. Defendants Yager and Yager claimed to be the owners of the land through mesne conveyances from James H. House, now deceased, from whom all parties trace their title. Various other issues were tendered, and upon trial to the court a decree was rendered dismissing plaintiff’s petition, and quieting the title to the land in defendants Yager and Yager. Plaintiff’s appeal.

1Opinion of the CourtDeemer, J.

James H. House died some time in the year 1888, seised of the record title to the land in controversy. He had five children, to wit: William, Chas., and Allen, sons, and Jannet, who afterwards married William Eddie, and Eliza, who afterwards married Abraham Sapp^, daughters. Prior to the death of James, Jannet Eddie died, leaving three children, Chas., Winnie, who married plaintiff John D. Kerr, and Lillie, who afterwards married John Brownrigg. Winnie Kerr died prior to the demise of James House, leaving one daughter, Sadie Kerr, a minor, who is also one of the plaintiffs, and the two…

2Cases cited4 opinions

  1. Holt v. Brown & Co.Supreme Court of Iowa · 1884
  2. Crossen v. WhiteSupreme Court of Iowa · 1865
  3. Hotchkiss v. CoxSupreme Court of Iowa · 1878
  4. Graves v. ClarkSupreme Court of Iowa · 1897

3Cited by8 opinions

  1. Bremhorst v. Phillips Coal Co.Supreme Court of Iowa · 1927
  2. Fairall v. ArnoldSupreme Court of Iowa · 1939
  3. Richardson v. EstleSupreme Court of Iowa · 1932
  4. Scott v. Mundy & ScottSupreme Court of Iowa · 1922
  5. Northwestern Mutual Life Insurance v. SteckelSupreme Court of Iowa · 1933

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