Legal Opinion

Davis v. Davis

Supreme Court of Iowa

Decided October 25, 1918PublishedCited by 3 opinions

Appeal from Jasper District Court. — Henry Silwold, Judge. Suit in partition of lands. The plaintiff averred that he was the owner of an undivided one half thereof, and that defendant was the owner of the other undivided one half.

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Appeal from Jasper District Court. — Henry Silwold, Judge. Suit in partition of lands. The plaintiff averred that he was the owner of an undivided one half thereof, and that defendant was the owner of the other undivided one half. He averred, also, that he had discharged incumbrances upon. the property, amounting to about $25,000, aud be prayed that he have contribution from the defendant of one half thereof, and that he have a lien upon her undivided one half for the payment of the same. The defendant contested the right of the plaintiff to contribution. There was a decree for the plaintiff,…

1Opinion of the CourtEvans, J.

i. tenancy in iribuiioii ment.cy ^8-The land in question was acquired jointly, in March, 1912, by J. W. Davis and J. V. Davis, the former husband of the defendant May Davis. The land was conveyed to the grantees, subject to a mortgage for $7,500, which was assumed by the gran-The further sum of $20,000 of the purchase price was represented by a promissory note, signed by the grantees and by the defendant May Davis1, then the wife of J. V. Davis. This note was secured by a mortgage upon the land. Such was the status of the parties with reference to the land, until September 14, 1914, upon…

2Cases cited12 opinions

  1. Leach v. HallSupreme Court of Iowa · 1895
  2. Sears v. SellewSupreme Court of Iowa · 1870
  3. Rippe v. BadgerSupreme Court of Iowa · 1904
  4. Wood v. SmithSupreme Court of Iowa · 1879
  5. Lamka v. DonnellySupreme Court of Iowa · 1913

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3Cited by3 opinions

  1. Lawrence v. MelvinSupreme Court of Iowa · 1926
  2. Martens v. MartensSupreme Court of Iowa · 1943
  3. Paulsen v. JensenSupreme Court of Iowa · 1929

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