Legal Opinion

Westcott v. Meeker

Supreme Court of Iowa

Decided October 27, 1909PublishedCited by 29 opinions

Appeal from Marshall District Court. — Hon. C. B. Bradshaw, Judge. Action to quiet title. Plaintiffs’ demurrer to portions of defendants’ answer was sustained, and, on the election of defendants not to plead over, a decree was entered for the plaintiffs under a stipulation to that effect, with the reservation of the right of defendants to subsequently make claim for improvements under the occupying claimants act. The defendants appeal from the decree.

1Opinion of the CourtMcClain, J.

John Westcott, under whose will plaintiffs claim title to an undivided three-fourths interest in the premises in controversy, a described parcel of lot eight, block eleven, in the city of Marshalltown, died in 1865, leaving surviving him a widow and certain children named in his will. The provisions of this will, which was duly probated, so far as they affected the title to the premises in controversy, were that the widow should have a life estate therein, and that said premises should pass at her decease to his son, Charles Alfred Westcott, “to have and to become possessed of the same at the…

2Cases cited17 opinions

  1. Ware v. MinotMassachusetts Supreme Judicial Court · 1909
  2. Elder v. McClaskeyCourt of Appeals for the Sixth Circuit · 1895
  3. Archer v. JacobsSupreme Court of Iowa · 1904
  4. McCurdy v. McCallumMassachusetts Supreme Judicial Court · 1904
  5. Schmidt v. . JewettNew York Court of Appeals · 1909

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3Cited by29 opinions

  1. State Upon the Information of McKittrick v. Missouri Utilities Co.Supreme Court of Missouri · 1936
  2. Winter v. DibbleIllinois Supreme Court · 1911
  3. Henkel v. AuchstetterSupreme Court of Iowa · 1949
  4. Rhoda v. County of AlamedaCalifornia Court of Appeal · 1933
  5. Mitchell v. VestSupreme Court of Iowa · 1912

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