Findley v. Stewart
Supreme Court of Iowa
Appeal from Monroe Circuit Court. This is an action for the partition of certain real estate owned by Stephen Stewart at the time of his death. The principal controversy between the parties is as to the ownership of the south half of the northeast quarter of section nine, township seventy-three, range seventeen. Appellants elaim that this was part of the real estate owned by Stephen Stewart at the time of his death.
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Appeal from Monroe Circuit Court. This is an action for the partition of certain real estate owned by Stephen Stewart at the time of his death. The principal controversy between the parties is as to the ownership of the south half of the northeast quarter of section nine, township seventy-three, range seventeen. Appellants elaim that this was part of the real estate owned by Stephen Stewart at the time of his death. The appellees claim an interest in said property as the heirs of Francis Purdue, deceased. The court found the facts to be as claimed by the appellees and made partition of the…
1Opinion of the Court
Day, Ch. J.
I. The evidence shows the relationship of appellees to Francis Purdue to be as they claim. We unite without any hesitancy in holding that the evidence establishes the following facts: In 1848 Stephen Stewart entered the land in controversy, and also the northwest quarter of the northwest quarter of section seventeen, township seventy-three, range seventeen, in trust for his brother, Robert Stewart. Soon thereafter, the title to said land still being in Stephen Stewart, Robert Stewart sold it to Thomas Purdue. In Decern*656ber, 1848, Stephen Stewart, at the request of his brother Robert…
2Cases cited1 opinion
- District Township of Boomer v. FrenchSupreme Court of Iowa · 1875
3Cited by15 opinions
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- Ogg v. RobbSupreme Court of Iowa · 1917
- Des Moines Bank & Trust Co. v. George M. Bechtel & Co.Supreme Court of Iowa · 1952
- Carrier v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1890
- Bradford v. McCormickSupreme Court of Iowa · 1887
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