Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-12-19
An IMPORTANT OPINION
Judge Bnrnham Holds That the
"Rule in Shelley's Case is in
Force in Iowa.
.Overrules, on This Ground, a Demur-
rer in a Tama County Land
Controversy.
Iowa Supreme Court Must Now Rule
on the Point, Which 1t Has
Never Done.

Never Done
Judge g. w. iSuliihalli' M''o = 2
court in this ci ty. today handed down an 4
~, ,ortant oninion in a Tama county
S., 4, Z famous
case, IN wliicil ns Aosus 800
rule in Shelley'sS case IS II loivs y \
Iowa. The case in which the question
,.a;s.sd Il one that came before
- 4, s, ,,,.s..nt tsrrns
4 Jug 9 'ui '''i''''' = 4 ~ s
of court, on a demurrer, pue g = = ~
was not made unril today The SUM IS
Isan4itlea Ellen ooyle plaintiff, vs.. Sarah
s,,,;.,a,,st, And;s william Al. Andis,
49,. W., :. 1onfss and Mag
81
eie ~ i's'Sls - ~, r.
the title 70 ~ an, r.u
land IN lama
more than Usual lhssrss'. ~
STATE ~ view OF ei's, is'ce
ton inVolvea ias ~.
,s,,t
has never seen NJ - -,
present Iui'1's = ON .i'sa. ~
the hlsh court a
lhe -
The case IS one e
ene reason ma sn'
VIZ !
.a1ss colsl'sslss - ~,
neeii falseu ~ -
emf actlon was .ptousns
rule apphea, anu w y, = :
Icpinion Is mere sven y, M sis.'l
The plaintiit orlhss lnls ae 's'',, - -
quiet ner M ana 70
8 tate and makes as :, ne. -.
Il ton the heirs OF saaInasl 3 J, :,
= whom SAID real estate nag, pSeA 's7,eu
4 prior 70 ne ~ a''Si " y
~ whom ssne acquired iisi eie'ss y
: estate
ne deed OF ~ ~ !. 81
- AMOS cosl'ass ssi.se
-lveys ana warrant Is 70 ssaiiilsl z. tAisi -
d curing ms hal'lral Ms ana el'eii y So {,
/ Eeirs thus conveying ~ nun lliS issil
/ estate IN controversy 'il5 'i' ~ a's.i2i,
r - question IS mace against p'aali77
{ ms title except py these aeiehslahes,
. whom it Is conceded are the nstrss OF ssais'
: samuel y Andls. and me oflis e'iiln'
a faade by them arises out sof me arleh. OF @,
4 iinterest which tfiey8cialins tss, ACQUIRED
By virtue OF the deed 70 SAID eanauel ?.
Andis containing the werds ABOVE
quoted.
To plaintiH' petition, the Defendant
q fled an equitable demurrer and upon the
issues thus joined this cause is TO be de-
tcrlnined
|, Plaintlff insists and the defendants
y Iccncede that the words used IN the con-
a yeyance to Samuel S Andis quoted
d bring the case within the rule in Shell
III ley Gaze and without constrljiag tbs
ID words so used or Determining here tina.
Ii r1Jfcfifl1l1 n the rflctinn
If upon said words BY both parties ans
., proceed 70 consider tile Question upor
Il the theory that the deed brings he cor
n veyanee within the rule in Shelley
e case
lie The only question. then. To be deter
i. mined by the court is8whetilsr or no
e the rule In Shel " ase IS in force Il
ii this state. My attention has been rallei
y 10 no decision ofsthsn state where thi
IN question has been determined. 1t ha
1. baen referred 10. and 10 some exten
l. recognized in some Of the cas- $. but ;
q far as Il have been able to find NOT tle
Is aisivsly determined. The rule is concetl
Is ed TO be a part of the common law an,
the supreme court has held that th
common Law Is in force in this state
I. .tSee O'F'erreii vs. Simplot 4th Iowa
isiage ISL. and state w I'wogood. It
= Iowa, page 2b3.l But has qualified sue
holding by saying: The principles of TIL
O. common law have been adopted in thi
az EGountry only - far as applicable 10 tn
&c habits and condition OF cur society, an
90 in harmony With the genius. spirit an
S. objects of our Institutions See Pierso
., vs. Lane. 6otll Iowa, page 60
n This leads to a consideration of TIL
x question whether or not the rule in. Snel
IS. case applicablestn the habits an
as |conditionsof CIR society and in harmon
n With tte genius. spirit ard objects {
lie our Institutions,
OF Th. rule in Shelley case 10. In an
instrument If a freehold he limited i
" the ancestor for iife.ant. tilesinheritans
r. TO his heirs .ither sn1ediately8 or inlmed
ne ately, the first iakar takesth the whoie 6.
RS ltate II 1t be limited 10 ths heirs of h
in body. he takes a Zee tail: if to his heir
a fee simple q Pierson on Estate
$50
The effect Of the RULES to invest III
ifs grantee with an; estate in fee simple wit
III the present power of alienation. and tn
Is in perfect accord and
OF Harmony with the genius, spirit and oil
on jects, of our institutions 81 far a esta Il
ne in real estate and conyeyances there,
en- are concerned
MS This thought issen pha sized by al co,