Stephens v. Hay
Supreme Court of Iowa
Appeal from Sac District Court. — Hon. Gteorge W. Paine, Judge. Action in equity, for the partition of real estate. A demurrer to the petition was sustained, and, the plaintiffs refusing to plead further, judgment was rendered in'favor of the defendants. The plaintiff, W, B, R. Stephens, appeals.
1Opinion of the CourtRobinson, J.
The material facts alleged in the petition and admitted by the demurrer, are substantially as follows: Charles A. Hay died, intestate, on the thirteenth day of November, 1888, owning the southwest quarter of the southwest quarter of section 8, and the northwest quarter of section 17, all in township 86 north, of range 36 west, in Sac county, containing two hundred acres. The land was subject to a mortgage for one thousand six hundred and fifty dollars, and a commission mortgage for 1 per cent, of that sum. The decedent left a widow and four minor children, who are his only heirs, the eldest…
2Cases cited5 opinions
- Egbert v. EgbertSupreme Court of Iowa · 1892
- McDonald v. McDonaldSupreme Court of Iowa · 1888
- Zwick v. JohnsSupreme Court of Iowa · 1893
- Conn v. ConnSupreme Court of Iowa · 1882
- Wilcox v. WilcoxSupreme Court of Iowa · 1893
3Cited by7 opinions
- Bosworth v. BlaineSupreme Court of Iowa · 1915
- In re the Estate of LundSupreme Court of Iowa · 1899
- Wold v. BerkholtzSupreme Court of Iowa · 1898
- Robson v. LambertsonSupreme Court of Iowa · 1902
- Mensinger v. HassSupreme Court of Iowa · 1949
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