Legal Opinion

Bottorff v. Lewis

Supreme Court of Iowa

Decided May 29, 1903PublishedCited by 34 opinions

Appeal from Keoltuh District Court. — HoN. JorixT. Scott, Judge. Suit for the partition of certain real estate and to quiet plaintiffs’ title to certain interests therein. Defendants denied plaintiffs’ ownership, and claimed title in themselves.

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Appeal from Keoltuh District Court. — HoN. JorixT. Scott, Judge. Suit for the partition of certain real estate and to quiet plaintiffs’ title to certain interests therein. Defendants denied plaintiffs’ ownership, and claimed title in themselves. Defendants Martha L. Xellar and Thomas Lewis each filed cross-petitions claiming title to certain interests in the land, asking for the reformation of certain deeds, pleaded an estoppel, and other matters, which will be referred to in the body of the opinion. The trial court found for the plaintiffs, and the cross-petitioners appeal.

1Opinion of the CourtDejgmer, J.

The facts are somewhat involved, and we shall have some difficulty in making a clear statement of them. Plaintiffs and defendants are children and heirs at law of William Lewis, deceased, who died intestate in the year 1854, leaving his widow, Chloe Lewis, and these children, ten in number, as his only heirs. In the year 1859 Thomas Lewis, one of the children, and a cross-petitioner in this case, made a deed to Elijah Jefferies of his interest in and to the lands of which William Lewis died seised. The granting part of this deed was as follows: “For the consideration of four hundred and…

2Cases cited12 opinions

  1. Benson v. MarkoeSupreme Court of Minnesota · 1887
  2. Clapp v. GreenleeSupreme Court of Iowa · 1897
  3. Stedwell v. AndersonSupreme Court of Connecticut · 1851
  4. Mitchell v. Home InsuranceSupreme Court of Iowa · 1871
  5. Baker v. MasseySupreme Court of Iowa · 1879

7 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Columbian Nat. Fire Ins. v. Dixie Co-op. Mail Order HouseTexas Commission of Appeals · 1925
  2. Westcott v. MeekerSupreme Court of Iowa · 1909
  3. Bennett v. GreenwaltSupreme Court of Iowa · 1939
  4. Coleman v. ColemanSupreme Court of Iowa · 1911
  5. Davis v. DavisSupreme Court of Iowa · 1930

29 more not listed; retrieve them via the Exa API.

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