Drake v. Wise
Supreme Court of Iowa
Appeal from Winneshiek District Court. The plaintiff brings this action for partition of forty acres of land described in the petition, alleging that he and the defendant are owners in common thereof. The answer of defendant denies plaintiff’s alleged title and sets up an equitable defense, upon which the cause was tried by the court, and judgment rendered for plaintiff for partition, as prayed. Defendant appeals. For the further facts see the opinion.
1Opinion of the Court
Miller J.
— The evidence established these facts, namely : In 1853, Nathan Drake and his father, N. S. Drake, purchased and paid for 160 acres of land, including the tract in controversy. The title to the land was taken in the names of Nathan Drake and his brother, Aaron H. Drake, the plaintiff, who was then a minor about 14 years of age, living with his father, who acted for him in this matter. The plaintiff paid no part of the consideration for the lands and has never paid any taxes thereon ; Nathan Drake paid one-half of the purchase-money of the land, and has since paid the taxes on the…
2Cases cited2 opinions
- Varnum v. AbbotMassachusetts Supreme Judicial Court · 1815
- Duncan v. SylvesterSupreme Judicial Court of Maine · 1839
3Cited by1 opinion
- Nanny v. AllenTexas Supreme Court · 1890