Legal Opinion

Flock v. Wyatt

Supreme Court of Iowa

Decided October 25, 1878PublishedCited by 13 opinions

Appeal from Story District Cowrt. Action for the partition of certain real estate. The plaintiffs, Missouri Flock, Thomas Wyatt, Isabel Helphray, and Susan Weir, aver in their petition that they are each the owner of one thirty-fifth part. The defendants, William Wyatt, Reuben Smith and Robert B. Smith, in their answer deny such claim. The court entered a decree that one thirty-fifth part should be set out to each of the plaintiffs as prayed.

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Appeal from Story District Cowrt. Action for the partition of certain real estate. The plaintiffs, Missouri Flock, Thomas Wyatt, Isabel Helphray, and Susan Weir, aver in their petition that they are each the owner of one thirty-fifth part. The defendants, William Wyatt, Reuben Smith and Robert B. Smith, in their answer deny such claim. The court entered a decree that one thirty-fifth part should be set out to each of the plaintiffs as prayed. The defendants (except William Wyatt, who died after the submission of the ease) appeal.

1Opinion of the CourtAdams, J.

I. The estate originally belonged to one Thomas Wyatt. He died in 1857, leaving as his heirs three brothers and three sisters, and also the plaintiffs, who are the heirs of a brother who died before Thomas did. The plaintiffs took the interest of the deceased brother, thereby becoming the owner of one-seventh.

The defendant William Wyatt was a brother of Thomas, and inherited one-seventh. He also acquired from his brothers and sisters their interests. He claimed to have acquired, also, the plaintiffs’ interest. Whether he did so or not is the first question to be determined in the case.

The…

2Cases cited3 opinions

  1. Campbell v. MesierNew York Court of Chancery · 1819
  2. Chambers v. PleakCourt of Appeals of Kentucky · 1838
  3. Lapeyre v. PaulSupreme Court of Missouri · 1871

3Cited by13 opinions

  1. Chariton & Lucas County National Bank v. TaylorSupreme Court of Iowa · 1932
  2. Peters v. TownsendSupreme Court of Arkansas · 1910
  3. Casey v. CaseySupreme Court of Iowa · 1899
  4. Sagen v. GudmansonSupreme Court of Iowa · 1914
  5. Gressly v. Hamilton CountySupreme Court of Iowa · 1907

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