Karmuller v. Krotz
Supreme Court of Iowa
Appeal from, Dubuque District Court. It appears from the pleadings that the defendant Bern-hart and his brother, John Krotz, owned, as tenants in common, and occupied a tract of land jointly. In the year 1854, by written contract signed by both parties, they agreed amicably to a partition of the land. It was divided into two parcels of unequal quantities, and the allotment was determined by chance.
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Appeal from, Dubuque District Court. It appears from the pleadings that the defendant Bern-hart and his brother, John Krotz, owned, as tenants in common, and occupied a tract of land jointly. In the year 1854, by written contract signed by both parties, they agreed amicably to a partition of the land. It was divided into two parcels of unequal quantities, and the allotment was determined by chance. A written contract of partition was made instead of conveyances — the parties probably deeming this sufficient. This contract, after fixing upon the division line and the portion of land that…
1Opinion of the CourtDillon, J.
The agreement of partition between the brothers Krotz contained stipulations in respect to two roads as follows: *
1. “John” (under whom plaintiff claims) “has the privilege of a road and landing upon the bank of the Mississippi river, at or near the mouth of Cattese creek.”
2. “It is further distinctly understood that the said John Krotz shall have the privilege of a road through the land of the said Bernhart, so as to enable him to take the nearest and best road to Dubuque.”
John afterwards conveys to the plaintiff, making no • mention of these rights of way or road.
*356The questions in the case…
2Cases cited6 opinions
- White v. CrawfordMassachusetts Supreme Judicial Court · 1813
- Burr v. MillsNew York Supreme Court · 1839
- Lansing v. WiswallNew York Supreme Court · 1848
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- Wynkoop v. BurgerNew York Supreme Court · 1815
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3Cited by36 opinions
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- Chappell v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1892
- Craven v. WinterSupreme Court of Iowa · 1874
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