Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-10-09
LET'S BROAD EQUITY PREVAIL
Decision will Likely Affect Other
Similar Actions in state-court Has
Right to Remove Cloud From Title,
Notwithstanding Statute of Limita-
tion-other Court News.

!
standing the statute of limitation. At
torneys conversant with the case think
that the point in law decided by Judge
Caswell was a very fine one, and that
the case will have bearing on similar
actions now pending.
George D. Brown, former real es-
tate dealer of this city, now farmer
living near LaMcille, and wife were the
plaintiffs in the action and Charles and
Frank Brown, sons who are of age. and
other minor children, the defendants.
The suit was brought by the parents to
set aside deed to the children in 1885.
Charles and Frank Brown, the only two
defendants of legal age, filed disclaim-
ers after the suit had begun, but the in
terests of the minor children were IN
the hands Of attorneys who fought the
case bitterly to gain their point. Neces-
sarily, however, the older sons We're
parties to the suit, even tho their dis
Chalmers had been filed, in order that
the title could be Quoted
The property in question is located
is worth about $4,000. The deed con-
veying it to the children was made by
the parents at the time for family rea-
sons, but last year the parents changed
their minds and wanted the deed set
aside. The defense made was mainly
that the plaintiffs had waited too long
in making up their minds, and that they
were legally barred from again obtain
ing possession because of the statute
of limitation. Another point in the de-
tense was that the former deed had
been ratified by Mrs. Browns acts.
The case was tried during the first
week OF the September term, but the
arguments were continued until
Wednesday, being begun in the morn
ing and concluded late Wednesday
afternoon. The courts opinion was
given this morning.
Judge Caswell holds, IN giving a ver-
dict for the plaintiffs, that the deed
was-yoid and that the court at any time
had right on a petition to remove a
cloud from q title of real property. not
withstanding the statute Of limitation.
The question of ratification was very
close one, but the court could find no
evidence that Mrs. Brown had ever rat
flied the original by any act Of word.
Judge CasvfelIs conclusion was that the
broad equity should prevail. and that
the title OF the parents farm be re-
stored to them, leaving them to provide
for their children in time as parents
generally do.
New Trial overruIed.
Judge Caswell this morning overruled
AZ. fDr fvi. al ", ho na GO
of ]. L. Carney VS.. the Campbell Fur
mace Company, and Judgment on the
verdict, for $500, interest and costs,
was entered. This gives, the furnace
company the right to take the furnace
that was in the Carney home. and
which had been already torn out, and
dispose of it as the company sees fit.
Guardian for Dannenbrink.
The court will appoint guardian for
Fred Dannenbrink. the Tama county
farmer who was defendant in an ac-
ton brought by his granddaughter.
Mrs. Sophia Mccoy, Of Montour. The
motion for new trial was argued
Wednesday afternoon, but was over
ruled. Time was asked by the coun-
sci for the defendant III which to file
a bill Of exception. The court has had
several Recommended as competent
guardians for Mr.. Dannenbrink, and 1t
Is thought he will appoint John Banz-
half, of this city.
Smith Case Saturday.
The contempt proceedings In which
George w. and Ella Smith, of Gilman,
are defendants, is set for Saturday.
Smith and his wife are going to fight
the proceedings and will attempt to
show the characters OF certain wit
nesses who filed affidavits as to the ma
ture of their hotel, as not being of the
best. Their attorney is in Oskaloosa
today to look up facts concerning those
Hutson was in both Oskaloosa and Gill
man subpo'enaing witnesses.
Cartwright Divorce Granted.
Judge C;lswell Wednesday afternoon
granted Mrs. Myrtle Cartwright a di-
vorce from her husband, John II. Cart
wright. The case came up along the
first Of the term but decree was re-
fused at that time because the aff-
iavit of non- residence of the defendant |
did not appear to be on file.
Cases for October Term.
Three new cases We're filed today for
the October term. From present APP
pearances it would seem that there will I
not be very much new business for the
approaching term, althc, there is still;
more than week left In which to file
There are plenty of matters continued
over from the present term, and un
finished from previous terms, so that
The docket will not be at all light.
Ida May Ritter is plaintiff in an ac-
ion for divorce against her husband
Christopher Ritter, Jr They were
married in this city July 8, 1900, and
lived together until December Of last
year. The plaintiff alleges habitualI
and abuse as the grounds
or action. She asks that she have re-
stored her maiden name, Ida Nav
Bowers.
Mrs. NJ M. Arson has entered suit
lgainst Mrs. Elizabeth j. Chase, ct al.
The action is one to quiet title.
I. 7. Swift is defendant in an ac-
ion brought by Fred Roddewig on
which Judgment Is asked on an ac-