131 Iowa 58 | Iowa | 1906
Plaintiff recovered judgment against Geo. K. Hobson for $200 and costs March 25, 1904, and in this action asks that the -portion of a forty-five-acre tract of land
the issue as to who was harboring the dog, nnd for this reason she was not bound to assert her title thereto. Moreover, she was not a party to that action, and the fact that she remained silent when counsel asserted her husband owned the farm cannot be construed as in the nature of an admission by her. Kelley v. Andrews, 102 Iowa, 119; State v. Dexter, 115 Iowa, 678.
became owner of the land, and it should be subjected to the satisfaction of the judgment. San Francisco v. Lawton, 18 Cal. 465 (79 Am. Dec. 187); Frink v. Darst, 14 Ill. 304 (58 Am. Dec. 575). While a decree of partition was entered at the same time the deeds between the several heirs were exchanged, it is entirely immaterial by which mode partition of the estate among those entitled thereto was effected. In either event the effect was to merely segregate and locate the share of each as a separate parcel of land allotted to him, and to extinguish his interest in portions of the estate allotted to other heirs. The title by which he holds his divided share is the same as that by which his undivided interest in the estate in common was held. The deed of partition destroys the unity of possession, and henceforth each holds his share in severalty; but such deed confers no new title or additional estate in the land. 2 Bl. Com. 186.
The conveyance from the other heirs only assigned to Hobson in severalty what was already his. He purchased nothing and parted with nothing. He received no title or estate by virtue of the conveyances from the others, and
The decree denying the relief prayed was right, and is affirmed.