Middleton v. Middleton
Supreme Court of Iowa
Appeal from Wright Cvreuit Court. Proceedings for partition. The plaintiffs are the children and heirs at law of Hutchinson Middleton, deceased. The defendant, Ida E., is the only child and heir, and the defendant Joanna is the widow ofVm. B. Middleton, deceased, who died before his father, and was a son of Hutchinson Middleton, deceased, and brother to plaintiffs.
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Appeal from Wright Cvreuit Court. Proceedings for partition. The plaintiffs are the children and heirs at law of Hutchinson Middleton, deceased. The defendant, Ida E., is the only child and heir, and the defendant Joanna is the widow ofVm. B. Middleton, deceased, who died before his father, and was a son of Hutchinson Middleton, deceased, and brother to plaintiffs. The plaintiffs claim that "William B. in his life-time received an advancement which was in full of all his share in the estate. • The defendants deny this. The issue was tried to a jury and found for defendants. The plaintiffs…
1Opinion of the CourtCole, J.
i. Evidence : tionsS: ad-lara" vancement. — The grounds for a new trial were substantially these: Fvrst. In the progress of the trial before the plaintiffs introduced, against the dbjections of the defendants, testimony of what ^ey caued “ dying declarations” of the ancestor, Hutchinson Middleton, deceased, respecting the alleged advancement. The court instructed the jury that “ it is for you to determine whether the declarations of Hutchinson Middleton were made as, and known or believed by him to be, dying declarations; if they were, you will give them such weight as, under all the…
2Cases cited1 opinion
- County of Mahaska v. IngallsSupreme Court of Iowa · 1864
3Cited by8 opinions
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- Croddy v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1894
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