Legal Opinion

McBride v. Caldwell

Supreme Court of Iowa

Decided February 20, 1909PublishedCited by 7 opinions

Appeal from Mahaska District Court. — Hon. K. E. Wilcockson, Judge. This is an action to establish plaintiff’s alleged title in an undivided one-sixth of certain forty acres of land in Mahaska County. The defendant Nancy Caldwell is the widow, and "the other defendants are the sons -and only heirs át law, of Alexander Caldwell, who died in 1907. The claim of plaintiff is adverse to Alexander Caldwell, the ancestor of the defendants.

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Appeal from Mahaska District Court. — Hon. K. E. Wilcockson, Judge. This is an action to establish plaintiff’s alleged title in an undivided one-sixth of certain forty acres of land in Mahaska County. The defendant Nancy Caldwell is the widow, and "the other defendants are the sons -and only heirs át law, of Alexander Caldwell, who died in 1907. The claim of plaintiff is adverse to Alexander Caldwell, the ancestor of the defendants. There was a decree for plaintiff in the court below, and the defendants appeál.—

1Opinion of the CourtEvans, C. J.

The land in controversy was owned at the time of his death by one Sherman Canfield, who died intestate in 1865, and left surviving him his widow, *230Jerusha Canfield, and three daughters. Sherman Canfield had had a son, Avery Canfield, who died in 1861, leaving a widow and the plaintiff as his only child. In January, 1867, Caldwell bought the forty acres in controversy from the widow and children of Sherman Canfield for the sum of $1,000, and received therefor a deed, of which the following is a copy:

Know all men by these presents that we, Jerusha Canfield, widow of Sherman Canfield, late of…

2Cases cited18 opinions

  1. Elder v. McClaskeyCourt of Appeals for the Sixth Circuit · 1895
  2. Joyce v. DyerMassachusetts Supreme Judicial Court · 1905
  3. Sands v. DavisMichigan Supreme Court · 1879
  4. Litchfield v. SewellSupreme Court of Iowa · 1896
  5. Dubois v. CampauMichigan Supreme Court · 1873

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3Cited by7 opinions

  1. Goulding v. ShonquistSupreme Court of Iowa · 1913
  2. Hanson v. GallagherSupreme Court of Iowa · 1912
  3. Hughes v. WyattSupreme Court of Iowa · 1910
  4. Erickson v. JohnsonSupreme Court of Iowa · 1915
  5. O'Dell v. BrowningSupreme Court of Iowa · 1917

2 more not listed; retrieve them via the Exa API.

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