Hager v. Brandt

• Decision Date: 24 May 1900
• Citation: Hager v. Brandt, 111 Iowa 746, 82 N.W. 1016 (Iowa 1900)
• Parties: HAGER ET AL. v. BRANDT ET AL.
• Court: Iowa Supreme Court

111 Iowa 746

82 N.W. 1016

HAGER ET AL.

v.BRANDT ET AL.

Supreme Court of Iowa.

May 24, 1900.

Appeal from district court, Bremer county; J. F. Clyde, Judge.

Action in partition. The petition was dismissed, and the plaintiffs appeal. Affirmed.E. L. Smalley, for appellants.

Sager & Sweet and G. W. Ruddick, for appellees.

LADD, J.

In 1864 Thomas Hager acquired the 40 acres of land in controversy, and in 1866 conveyed it to one Read, under whom, through mesne conveyances, the defendant Brandt claims title. The plaintiffs alleged that Hager was then married to Eva Hager, who did not join in the deed, and that they are entitled to an undivided one-third of the land, as her heirs. This deed was signed by the grantor, making his mark, and by “Elizabeth Hager,” who acknowledged it before a justice of the peace as his wife. Thomas Hager and Elizabeth Romesburg lived together as husband and wife several years in Bremer county, and were so doing at the time this instrument was executed. Shortly before they left there, in 1866, Miller says, she advised him they were not married. However, they were then keeping house alone, and the record is silent as to how long their relations continued. The evidence throws some doubt on the identity of plaintiff's ancestor as the grantor of this land, but, conceding this to have been established, it utterly fails to show the existence of the marital relation between Thomas and Eva Hager at the time the deed was executed. True, Simon Hager testified that they were married, but he did not undertake to say at what time. For...