102 Iowa 419 | Iowa | 1897
I. To defeat plaintiffs’ right to partition, and to entitle himself to the relief demanded, the burden is upon the defendant to prove that a parol agreement was made as alleged; that he took possession of the land under it; that he gave his mother a home with him whenever she chose to live with him, and that he improved and cultivated the land. We first inquire as to the alleged agreement, to establish which the proofs must be clear, definite, and conclusive. Moore v. Pierson, 6 Iowa, 298. The circumstances surrounding the parties in April, 1878, were these: Appellant, then a young unmarried man, was living with his parents on the land, and devoting his time to the cultivation of it. Amos W. Basom, because of his ill temper and disagreeable manner, did nót live pleasantly with his family, and for that reason decided to leave his wife and children, and return to Pennsylvania, from whence he came, which he did, remaining away about seven years. After he left.