74 Iowa 89 | Iowa | 1888
I. The plaintiff claims the property as the widow of her deceased husband. The defendant denies that she has any interest in it, for the reason that she relinquished all claims to it by an ante-nuptial agreement or marriage settlement, executed between her and her husband. Defendant M. M. L. McReynolds, a son of plaintiff’s deceased husband, in his answer, claims that he owns an undivided one-third of the property, he and his father owning it at the death of the latter as partners. In an amended petition the plaintiff prays that, if it be found and determined that defendant has an interest in the property, it be partitioned and divided, and that she shall have other relief to which she may be entitled in equity. After the amended petition was filed, the cause was transferred to the chancery docket for trial. It was tried upon the issue involving the question whether the property was owned by defendant and his father as partners, which was regarded by the court below as an equitable issue, and it was found that no partnership existed, and a decree was rendered so declaring, upon a finding that the property belonged exclusively to the father. After this decree was rendered, the cause was retransferred to the law docket for the trial of the issues cognizable at law.
YI. Upon the merits of the case the evidence is conflicting. There is much positive and direct evidence tending to show that the father and son were partners as to the property in controversy ; but there is more in support of plaintiff’s claim that the father was the sole owner. -The evidence is conflicting, and much of it is irreconcilable. We are quite clear in the opinion that the preponderance is with plaintiff. We are not accustomed, in cases of this character, to discuss the evidence at length. No profit would result therefrom to the parties or the profession.
We reach the conclusion that the decree of the court ought to be, as above suggested,
Modified and Affirmed.