Tice v. Derby
Supreme Court of Iowa
Appeal from Des Momes Circuit Court. Action to quiet title to a certaiu lot in tbe city of Burlington. The plaintiff avers that he is the owner thereof, subject to a life estate in an undivided two-thirds thereof, during the life of his mother, formerly Lucinda Tice, now Lucinda Burk-hart. The defendants, Mark Derby and Laura C. Derby, claim to own the whole lot.
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Appeal from Des Momes Circuit Court. Action to quiet title to a certaiu lot in tbe city of Burlington. The plaintiff avers that he is the owner thereof, subject to a life estate in an undivided two-thirds thereof, during the life of his mother, formerly Lucinda Tice, now Lucinda Burk-hart. The defendants, Mark Derby and Laura C. Derby, claim to own the whole lot. The court found that the plaintiff owned the lot subject to an estate for ’life in one undivided third thereof, such estate being for the life of Lucinda Burkhart; that the defendant, Laura C. Derby, is the owner of the estate for…
1Opinion of the CourtAdams, J.
1. evidence : of (S?fcom absence. The property originally was owned by the plaintiff’s father, one John P. Tice, who died intestate, leav*ng surviving him his wife Lucinda, now Lucinda Burkhart, and two sons, the plaintiff, and John p pice^ jr> pjie latter afterward died and the lot became the property of the plaintiff and his mother, Mrs. Burkhart. The plaintiff disappeared and was not heard from for many years. The lot was unimproved and yielded no income. Mrs Burkhart was poor and unable to pay the taxes, and suffered the lot to be sold for taxes. One Caroline Derby, the mother of the…
2Cases cited1 opinion
- Flinn v. McKinleySupreme Court of Iowa · 1876
3Cited by15 opinions
- Bottorff v. LewisSupreme Court of Iowa · 1903
- Johns v. JohnsSupreme Court of Alabama · 1890
- Hurley v. HurleyMassachusetts Supreme Judicial Court · 1889
- Buss v. Prudential Ins. Co. of AmericaCourt of Appeals for the Eighth Circuit · 1942
- American Emigrant Co. v. FullerSupreme Court of Iowa · 1891
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