Branscomb v. Gillian
Supreme Court of Iowa
Appeal from Jones District Gourt. The plaintiff and the defendant are the owners of a farm of 160 acres, which is incumbered by a mortgage of $2,000. The plaintiff commenced this action for partition, aud averred that a division of the land could not be made “ without great'loss to both plaintiff and defendant,” and prayed for an order of sale, and a partition or division of the proceeds, The defendant, in her answer, alleged that said premises could be equitably divided…
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Appeal from Jones District Gourt. The plaintiff and the defendant are the owners of a farm of 160 acres, which is incumbered by a mortgage of $2,000. The plaintiff commenced this action for partition, aud averred that a division of the land could not be made “ without great'loss to both plaintiff and defendant,” and prayed for an order of sale, and a partition or division of the proceeds, The defendant, in her answer, alleged that said premises could be equitably divided into the requisite number of shares, and that she was unwilling to sell her interest therein, and prayed for a partition of…
1Opinion of the CourtRothrock, J.
i. j?AitTiTi<»r: courUo order sale. I. The court was fully justified in finding from the evidence that the land was so situated with regard to improvements, and other considerations, that a division thereof between the parties would very much diminish the value of each share. But it is claimed -that the evidence shows that a division can be made by which the two parts will be of equal value. This may be correct, and yet the court was warranted in finding that the parts, taken separately, would be of very much less value than the whole tract taken together. Section 3289 of the Code provides…
2Cases cited1 opinion
- Cooper v. Cedar Rapids Water Power Co.Supreme Court of Iowa · 1876
3Cited by7 opinions
- Todd v. StewartSupreme Court of Iowa · 1925
- Wilson v. BogleTennessee Supreme Court · 1895
- Russell L. Newhall v. Marcia Elaine Newhall RollSupreme Court of Iowa · 2016
- Bevins v. GeorgeCourt of Appeals of Tennessee · 1952
- Nehls v. WalkerSupreme Court of Iowa · 1932
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