Rider v. Clark
Supreme Court of Iowa
Appeal from Jones District Cotvrt. This is an action of partition. The petition alleges tbat Lucy M. Clark died seized of 145 acres of land, leaving as lier only lieirs tbe defendant, her husband, and Charles F. and Ezra W. Clark, their sons; that said Lucy, prior to her death, conveyed to said Charles said lands which were intended hy her and received by him in lieu of any interest he might he entitled to in the property of, said Lucy as heir at law, by reason whereof…
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Appeal from Jones District Cotvrt. This is an action of partition. The petition alleges tbat Lucy M. Clark died seized of 145 acres of land, leaving as lier only lieirs tbe defendant, her husband, and Charles F. and Ezra W. Clark, their sons; that said Lucy, prior to her death, conveyed to said Charles said lands which were intended hy her and received by him in lieu of any interest he might he entitled to in the property of, said Lucy as heir at law, by reason whereof defendant, as husband of deceased, is entitled to one-half of said property; that plaintiff, hy purchase, has become the…
1Opinion of the CourtDay, J.
1. PARTITION pleading: counterclaim. I. Section. 3277 of the Code is as follows: “The action for partition shall be by equitable proceedings, and no joinder or counter-claim of any other kind shall be allowed therein, except as provided by this chapter.” The chapter provides that creditors having liens upon the property maybe made parties, and that the nature and amount of general incumbrances by mortgage, judgment, or otherwise, may be determined. Sections 3281 and 3284. At the time the mortgage was executed by Lucy Clark and the defendant William Clark, to T. M. Iiicks, to secure $1,030…
2Cases cited1 opinion
- Metcalf & Simpson v. HoopingardnerSupreme Court of Iowa · 1877
3Cited by7 opinions
- In Re Estate of FerrisSupreme Court of Iowa · 1944
- Woods v. KnottsSupreme Court of Iowa · 1923
- Senneff v. BrackeySupreme Court of Iowa · 1914
- Schultz v. LockeSupreme Court of Iowa · 1927
- Russell v. SmithSupreme Court of Iowa · 1901
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