144 Iowa 200 | Iowa | 1909
The plaintiff brought this action for the partition of land, alleging that he was the owner of an undivided one-hálf interest in about two hundred acres; that he derived his title thereto by deeds from Julius Schloesser, Albert Schloesser and August Schloesser, who were sons of Julius Schloesser, deceased;- that the said deceased, prior to his death, executed and delivered to said sons and his other children, Herman Schloesser, Clara Smith and Adeline Knight, a deed conveying to the said children the real estate sought to be partitioned, share and share alike, subject, however, to a life estate in himself. It was further alleged that Herman Schloesser had conveyed his interest in said land to the defendant Angelo G. Smith, who, together with his co-defendants, Clara Smith and Adeline Knight, each owned one-sixth of said land. The defendants made no contest, but the appellant, Julia Schloesser, intervened, claiming as against all of the other parties to the suit, that she was the absolute owner of a one-third interest in the land in controversy as the widow of said Julius Schloesser, deceased. She also alleged that she was married to the said deceased on the 14th day of January, 1900; that the deed conveying the land in question to his children was made on the 11th day of January, 1900, which was long after their engagement and the day that deceased procured a license to marry her. Intervener pleaded further that the said deed was never delivered to said children nor accepted by them, 'and that the
The decree of the District Court is right, and it is affirmed.