Todd v. Stewart

Vermilion, J. —

The historical background of this controversy is to be found in the casé of Stewart v. Todd, 190 Iowa 283. Under the final decision in that case, a tract of 136 acres of the land involved was held not to pass under the contract there considered, but to descend under the law, or pass by the will of Emma A. g£ewar^ deceased; and the disposition of it was not adjudicated in that action.

The present action is for the partition of 86 acres of that tract, situated in Iowa. Samuel W. Todd, the appellee, brought the action, claiming to be the owner in fee of an undivided two thirds,…