Briley v. Briley

• Citation: 94 Iowa 740,63 N.W. 335
• Parties: BRILEY ET AL. v. BRILEY ET AL.
• Decision Date: 18 May 1895
• Court: United States State Supreme Court of Iowa

94 Iowa 740

63 N.W. 335

BRILEY ET AL.

v.BRILEY ET AL.

Supreme Court of Iowa.

May 18, 1895.

Appeal from district court, Freemont county; Walter I. Smith, Judge.

Action for the partition of certain real estate. Affirmed.Geo. E. Draper, for appellants.

W. E. Mitchell, for appellees.

KINNE, J.

1. Plaintiffs and defendants are the heirs at law of A. J. Briley, who died intestate in March, 1890. Plaintiffs claim that A. J. Briley died seised of the following real estate: S. W. 1/4 of N. E. 1/4 of section 33, township 70, range 43, and S. E. 1/4 of S. W. 1/4 of section 24, township 70, range 43. They ask that partition be made of this land, and that it be sold, and aver that it cannot be divided. In an amendment to the petition, it is averred that debts exist against the estate of A. J. Briley in excess of the value of the personal property; and it is prayed that, from the funds arising from the sale, sufficient be turned over to the administrator to pay said debts, and that the balance be divided among said heirs. William Briley answered, admitting the death of A. J. Briley, and that the respective parties were his heirs, and denying other averments in the petition. He alleges that he is the absolute owner of the land in section 24 which plaintiffs claimed belonged to A. J. Briley's estate; that he and his brother Shelby purchased and paid for this land, but because of this defendant's minority the said A. J. Briley advised that the legal title should be in his name, with the understanding that said A. J. Briley would subsequently convey the land to them; that from the time of their purchase said defendant and his brother Shelby have had the actual, open, notorious, and adverse possession of said real estate, under claim of right; that in April, 1874, said A. J. Briley made and delivered to them a deed for said real estate; that on February 20, 1891, said Shelby deeded to this defendant the undivided one-half interest in said real estate. Defendant Mariah Briley filed her separate answer, in which she avers that one Isom conveyed the N. 1/2 of the E. 1/2 of the S. W. 1/4 of the N. E. 1/4 of section 33, township 70, range 43, to William A. Briley; that during the lifetime of A. J. Briley it was agreed between him and William A. Briley that the latter should purchase the N. 1/2 of the E. 1/2 of the S. W. 1/4 of the N. E. 1/4 of section 33, township 70, range 43, and should exchange the same with A. J. Briley for the N. W. 1/4 of the S. W. 1/4 of the N. E. 1/4 of section 33, township 70, range 43, and that said purchase and exchange were made, but said parties neglected to make written conveyances of said property so exchanged, though they entered into possession of said property; that on June 2, 1890, William Briley conveyed to the defendant all of his interest in the S. W. 1/4 of the N. E. 1/4 of said section 33, township 70, range 43; that at the death of A. J. Briley he was largely indebted, and it was agreed between the parties to this action that, if William Briley would pay such indebtedness, plaintiffs would release all their interest in and to the land last above described; that William did pay said debts, and plaintiffs are now estopped from claiming any interest in said real estate. Plaintiffs, in reply, denied that A. J. Briley made the deed claimed to section 24. At the conclusion of the trial the court entered a decree confirming the title to the N. W. 1/4 of the S. E. 1/4 of the N. W. 1/4 of section...