Guinn v. Elliott
Supreme Court of Iowa
Appeal from Appanoose District Gourt. — Hon. C. W. Vermillion, Judge. - These are each actions to partition the same tract of land. A petition was first filed in the case of Guinn v. Elliott et al., and a notice by publication as to the nonresident defendants was first completed in that case. A petition was filed, in the case of Elliott v. Guinn, and an original notice of that action was first placed in the hands of the sheriff, and first served.
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Appeal from Appanoose District Gourt. — Hon. C. W. Vermillion, Judge. - These are each actions to partition the same tract of land. A petition was first filed in the case of Guinn v. Elliott et al., and a notice by publication as to the nonresident defendants was first completed in that case. A petition was filed, in the case of Elliott v. Guinn, and an original notice of that action was first placed in the hands of the sheriff, and first served. In the case first above entitled, Almira Elliott filed a qfiea in abatement, based upon the pendency of her suit against the plaintiff. This case…
1Opinion of the Court
Debmer, O. J.
i plea in abatement: parties, The two suits are for the partition of the same property. There is no question but that Andrew Guinn owned an undivided nine-fourteenths; Almira Elliott, two-sevenths \ and John Helm, a nonresident, 0BLe-fourteenth. Their respective shares and interests were established and confirmed by the decree entered in the second case above entitled. In each case there was a plea in abatement on the ground of another suit pending, but the plea was sustained in the first case, and denied or dismissed in the other. The real parties in interest are the same in the…
2Cases cited2 opinions
- Priestman v. PriestmanSupreme Court of Iowa · 1896
- Pratt v. HowardSupreme Court of Iowa · 1899
3Cited by9 opinions
- Swift v. SwiftSupreme Court of Iowa · 1947
- Boone v. BooneSupreme Court of Iowa · 1912
- Van Vleck v. AndersonSupreme Court of Iowa · 1907
- Black v. ChaseSupreme Court of Iowa · 1909
- State ex rel. Green Mountain Lumber Co. v. Superior CourtWashington Supreme Court · 1927
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