Urban v. Hopkins
Supreme Court of Iowa
Appeal from Des Moines District Court. Partition. Plaintiffs claimed a portion of tbe real estate in controversy, as beirs of Enoch Wade, deceased. Part of tbe defendants claim title under a sale made by one of tbe executors of said estate, and tbe others enter a disclaimer. Plaintiffs appeal.
1Opinion of the Court
Wright, Ck. J.
Tke record in tkis case is in suck a condition tkat it is at least questionable wketker any of tke points made by appellants are properly before ns. Without, however, thus disposing .of tke case, we state very briefly tke law applicable to tke questions made.
1. Partitions: parties. I. When a defendant, in an action of tkis character, “ disclaims and disavows any right, title, or interest in or to tke premises ” claimed by plaintiff, at tke time tke action was brought or afterwards, and does not appear to be in possession or doing any. act inconsistent with the disclaimer, be is…
2Cited by2 opinions
- Iowa Loan & Trust Co. v. HolderbaumSupreme Court of Iowa · 1892
- In re the Estate of ManningSupreme Court of Iowa · 1907