144 Iowa 541 | Iowa | 1909
Mr. C. C. Lane was at the time of his death the owner of certain land in the city of Des Moines, which was designated as lot fifteen, in Burnham & Lazenby’s subdivision, of the. west one-half of the northeast one-fourth and the east one-half of the northwest one-fourth of section six, ' township seventy-eight, range twenty-four. After the death of Mr. Lane, his widow, Eva E. Lane, brought an action for the partition of the land in question
That as to the ten-acre tract (more or less) described as lot fifteen (15), in Burnham and Lazenby’s subdivision, of section six (6), of township seventy-eight (78) north, of range twenty-four (24) west, of the 5th P. M., by consent of parties the same is hereby partitioned and shares allotted as follows: A plat of the same is hereunto attached and made a part of this decree, showing an extension of Thirty-Eighth Street through the center of said tract running north from the south line of the tract, fifty (50) feet in width to the intersection of University Avenue, and also extending Cottage Grove Avenue from the east line of said tract where said avenue now abuts upon the tract, through the said tract to the west line thereof, sixty-six (66) feet' in width, which extensions of streets are hereby established and dedicated to the public use for the mutual benefit of the parties, and by their mutual consent. That the title to the west half of said tract (less the streets dedicated) and marked ‘B-B’ on the plat is hereby vested iñ and partitioned to the following six children of C. C. Lane, deceased, to wit: Helen L. Summers, made defendant by the name of Nellie Summers, Jed B. Lane, Edna E. Lane, Emerson L. Lane, Arthur C. Lane and Edmund M. Lane, each being entitled to an undivided one-sixth thereof. That the east half of said tract (less the streets dedicated), marked ‘A-A’ on the plat, is hereby decreed as the share of said tract inuring to the plaintiff Eva R. Lane, and her two minor children, Howard C. Lane and Carl R. Lane, an undivided one-sixth to each of the said children and the undivided two-thirds to the plaintiff, Eva R. Lane.
The plat referred to in the decree showed the extension of Cottage Grove Avenue through the tract east and west and the extension of Thirty-Eighth Street 'through' the tract north and south. The plat also showed that the tract was divided into four parcels; the two parcels on the east of Thirty-Eighth Street north and south of Cottage Grove
The controversy in this action is over the extension of Thirty-Eighth Street. The appellants rely upon the propositions that the plat in the decree of partition is void for uncertainty, and because not made in compliance with
The decree of the district court is affirmed.