The pleadings in this case are very indefinite. The petition alleges that the plaintiff is the executor of the estate of Daniel Shannon, and that he has filed with the clerk a statement of all claims, that there was no personal property of any kind, and that the decedent was the owner of a certain twenty acres of land. Whether there was a prayer to the petition does not appear from the abstract, nor does it appear' therefrom who are the defendants except as above indicated in the title. The answering defendants describe themselves as “the heirs at law and children of Daniel Shannon.” They aver that the twenty acres in question was the homestead of the deceased at the time of his death, and that they are .entitled to hold it free from the debts of the deceased. By reply the executor denies that the same was a homestead, and denies that it was so used by the decedent for some years prior to his death. He also avers that the property was within the corporate limits of Des Moines.
Tyrrell v. Shannon
147 Iowa 184 | Iowa | 1909
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