105 Iowa 187 | Iowa | 1898
— On the twenty-sixth day of April, 1893, D. M. Mills, died testate, owning about 1,000 acres of land in Plymouth county. His will was admitted to probate May 25th of the same year, and under its terms, the north one-half of the southwest one-fourth of section 13, the north one-half of the southeast one-fourth and lots 1 and 2 of section 14, and lot 6 in section lb, all in townshipi 92 north, of range 49 west of fifth principal meridian, being the land in controversy, and certain other property, was devised to this plaintiff. Provisions for Prank P. Mills and the widow were also
The only doubtful question in the case is not .argued. It seems to be conceded by the parties in argument and in the eAddence that the land in controversy is that to. which reference is had. It was apart from the other land of the deceased, and he spoke of it as Milo’s farm. Tracy and Frank P. Mills point it out quite definitely in their testimony. The construction of the house thereon and the possession taken leaves little doubt of what was intended. But the case was tried on the theory that there was no dispute as to the description, and, as the point is hot raised here, we need only remark