Chaslavka v. Mechalek
Supreme Court of Iowa
Appeal from Humboldt District Court. — ■ IIon. A. D. Bailie, Judge. Action to partition real property. Defense, that the defendants were, as tenants in common, owners of the entire premises, with prayer for defendants that title be quieted in them as against plaintiff. Decree for defendants, from which plaintiff appeals.
1Opinion of the CourtMcClain, J.
This action was originally brought by Mary Chaslavka and Frank Chess to secure partition of a certain tract of land of which their brother Michael Chess had died seised; the allegations of the petition being, in general, that the two plaintiffs and the defendant Annie Mechalek were the sisters and brother of decedent, and his heirs; that he died intestate, seised of the premises; and that each of the three heirs named became possessed by inheritance of a one-third interest in said premises. The defendants, who are husband and wife, set up a claim of title to the entire premises under a deed…
2Cases cited4 opinions
- In re Will of AmesSupreme Court of Iowa · 1879
- McMillan v. McDillIllinois Supreme Court · 1884
- Richards v. BurdenSupreme Court of Iowa · 1871
- Dye v. YoungSupreme Court of Iowa · 1880
3Cited by5 opinions
- James v. FairallSupreme Court of Iowa · 1912
- Rankin v. TaylorSupreme Court of Iowa · 1927
- Wackman v. WiegoldSupreme Court of Iowa · 1927
- Makahio v. MakahioHawaii Supreme Court · 1915
- Boydston v. BoydstonCourt of Appeals of Texas · 1927