McClain v. McClain
Supreme Court of Iowa
Appeal from Polla Circuit Court. ■ Action in equity to obtain partition of real estate. The ■court in substance granted the relief asked as to the defendant Thos. A. McClain, and the latter appeals. The relief asked as to Davenport was refused, and the court refused to allow, as a part of the taxable costs, a reasonable compensation for plaintiff’s attorneys. From these portions of the decree the plaintiff appeals.
1Opinion of the CourtServers, J.
i. deed: delivery iu Wank. The defendant and J. D. McClain are brothers .and the plaintiff is the latter’s son. Previous to 1858 the defendant and J. D. McClain jointly owned certain real estate. A preponderance of the evidence ■shows that the interest of each was an undivided one-half. In that year J. D. McClain executed and delivered, as we think the evidence shows, a deed conveying his interest in such premises to the defendant. In this conveyance the wife of J. D. McClain did not join. He was at said time addicted to an ex*273-cessive use of intoxicating liquors, and the plaintiff claims the…
2Cases cited2 opinions
- Swartz v. BallouSupreme Court of Iowa · 1877
- Macomber v. PeckSupreme Court of Iowa · 1874
3Cited by16 opinions
- Creveling v. BantaSupreme Court of Iowa · 1908
- State v. MatthewsSupreme Court of Kansas · 1890
- Hawk v. DaySupreme Court of Iowa · 1910
- Logan v. MillerSupreme Court of Iowa · 1898
- Montgomery v. DresherNebraska Supreme Court · 1912
11 more not listed; retrieve them via the Exa API.