Legal Opinion

Kwentsky v. Sirovy

Supreme Court of Iowa

Decided May 7, 1909PublishedCited by 31 opinions

Appeal from Linn District Court. — Hon. F. O. Ellison, Judge. Originally this was an action for the partition of seventy-two and one-half acres of land in which plaintiff claimed to be the owner of an undivided one-half thereof, and in which she admitted that defendant Sirovy held the other one-half.

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Appeal from Linn District Court. — Hon. F. O. Ellison, Judge. Originally this was an action for the partition of seventy-two and one-half acres of land in which plaintiff claimed to be the owner of an undivided one-half thereof, and in which she admitted that defendant Sirovy held the other one-half. Afterward plaintiff asserted title to the entire tract, and asked that it be quieted against both defendants, and, in the event that could not be done, that she have judgment quieting her title to one-half thereof and judgment for the value of the other half against defendant Shunka. On the…

1Opinion of the CourtDeemer, J.

Plaintiff and defendant Frank Shunka were mairied in the year 1877, and lived together as husband and wife until the year 1899. Shunka acquired title to eighty acres of land about the time of the marriage, and this was improved through the joint efforts and earnings of himself and wife, and finally sold in the year 1881. On September 24, 1881, with the proceeds of the sale, Shunka purchased one hundred and sixty acres of land from one Korab, and on November 16, 1881, lie, Frank Shunka, for a valuable, if not an adequate, consideration, conveyed one-half thereof to plaintiff, his wife.…

2Cases cited65 opinions

  1. United States v. ThrockmortonSupreme Court of the United States · 1878
  2. Grimes v. SandersSupreme Court of the United States · 1876
  3. Landa v. ObertTexas Supreme Court · 1876
  4. Eadie v. . SlimmonNew York Court of Appeals · 1862
  5. Emeric v. AlvaradoCalifornia Supreme Court · 1884

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3Cited by31 opinions

  1. Franklin v. BonnerSupreme Court of Iowa · 1926
  2. City of Chariton v. JC Blunk Construction CompanySupreme Court of Iowa · 1962
  3. Scheel v. Superior Manufacturing Co.Supreme Court of Iowa · 1958
  4. Duvall v. DuvallSupreme Court of Iowa · 1932
  5. Des Moines Union Railway Co. v. District CourtSupreme Court of Iowa · 1915

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