Johnston v. Johnston
Supreme Court of Iowa
Appeal from Scott District Court.. These suits, three in number, were brought in the District Court of Scott county in the order of time as by the referee arranged. The last being an equity action, with injunction as to further proceeding with the others, they were consolidated with it, and all were heard together. They were referred to A. H. Bennett, Esq., whose excellent report we copy in full, as’being a reasonably concise and perspicuous statement of the cases.
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Appeal from Scott District Court.. These suits, three in number, were brought in the District Court of Scott county in the order of time as by the referee arranged. The last being an equity action, with injunction as to further proceeding with the others, they were consolidated with it, and all were heard together. They were referred to A. H. Bennett, Esq., whose excellent report we copy in full, as’being a reasonably concise and perspicuous statement of the cases. “PLEADINGS. “ The first of the above entitled suits is commenced by petition for partition of land of Joseph Johnston, deceased,…
1Opinion of the CourtCole, J.
i. specific ance: giá. An examination of the pleadings, evidence and arguments in these cases has brought us unitedly' to the conclusion that Robert C. Johnston has not established his claim to the land, and that- the report of the referee and the judgment of the District Court thereon must stand affirmed. The evidence is quite voluminous, and although not so much in direct conflict, as is often the case, yet the testimony of Joseph Johnston’s declarations as to his purpose to give to Robert C. the land in controversy, and the conclusion sought to be drawn therefrom* that he had done so, are…
2Cited by6 opinions
- Harrison v. HarrisonWest Virginia Supreme Court · 1892
- Williams v. HarrisonSupreme Court of Iowa · 1940
- In Re Estate of DolmageSupreme Court of Iowa · 1927
- Briles v. GoodrichSupreme Court of Iowa · 1902
- Thayer v. ThayerOregon Supreme Court · 1914
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