The Leon reporter. (Leon, Iowa) 1887-1930, 1908-10-15

LEON, IOWA, THURSDA
AN IMPORTANT OPINION
Judge Evans Files His Opinion in
the Case Of Della CreyeIiny VS..
George Brown ct al.
AT the August term of the district
court the case of Della M. Crevellng
VS.. George V. Brown ct al, was tried
before Judge Evans, who was to decide
the case in vacation. The action in
volved the title to eighty acres of land
in Fayette township. The plaintitf was
represented by b. NJ. Russell and c. w.
Holman as attorneys and the defendants
by W. b. Kelley and 4. ?. o sen. Judge
Evans has rendered his opinion in the
case which is in favor Of the defendants,
the opinion in full being as follows.
| This is an action in which the piaiutitf
seeks to recover a certain eighty acres
of land which is now owned by the de-
| fendant, George V. Brown, or, if she
cannot recover the land, she seeks to
| recover the proceeds thereof which are
now in the hands of the administrator
of the estate of Susan Fowler and the
administrator of the estate of Lewis
| Fowler.
1t seems that Susan Fowler owned
the land in question about February,
1903. That at this time Susan Fowler
and Lewis Fowler made deed in blank
to the eighty acres of land in question
and the plaintiff claims that subsequent
ly she was authorized to fill in her
name as grantee. The plaintiff also
claims that subsequent to this time that
the plaintiff agreed with Susan Fowler
that Susan Fowler should have the
rents and profits of the land during the
life of Susan Fowler. This deed from
Susan Fowler and Lewis Fowler to
Della M. Creveling, the plaintiff was
not filed for record until August %,
1907, although it was dated February 8,
1903. On April %, 1903, Lewis Fowler
and Susan Fowler, both of whom are
now deceased, conveyed the land in
question to the defendant, George V.
Brown, who took actual possession of
the property March /, 1904, and has
continued in open possession and use
of the farm in question to the present
time. Della M. Creveling, the plaintiff,
does not claim that she paid any con-
sideration for the deed in question
which she claims to have received, but
that the land was gift to her by her
aunt. The evidence discloses that
Della nj. Creveling was substantially
raised from early childhood to woman
hood by the said Susan Fowler.
AS between the plaintiff, Della M.
Creveling, and the defendant, George
| V. Brown, there can be no question but
what the Judgment and decree of the
court should be in favor OF the de-
fendant, George V. Brown, and this is
not seriously controverted by the attor-
neys for the plaintiff. While not con-
ceding in fact that she cannot recover,
they substantially SO concede by aban-
doning an effort to recover from the
defendant George V. Brown. George
V. Brown was in possession and occu-
pancy Of the premises and there was no
notice to George V. Brown of the claim
of ownership by Della M. Creveling and
he had no knowledge of the deed which
she claims to have had until the same
was placed on record. This in view of
the fact that Della M. Creveling lived
within half a mile of the farm while
Mr.. Brown used and cultivated the
same would beyond question exclude
her from recovery of the land in ques-
tion. So as between the plaintiff and
the defendant, George V. Brown, the
judgment, order, and decree of the court
will be in favor of the defendant, George
V. Brown, and his title will be quieted
in him as against the claim of owner
ship on the part of Della M. Creveling
on account of the deed in question.
At the time the said George V. Brown
bought the land in question of Susan
Fowler and Lewis Fowler, he paid ST.
100000 in cash and gave his note fol
three Thousand dollars due in five years
drawing interest. This three thousand
dollar note together with interest fol
perhaps year and half or two years
is unpaid and is past due and the SAID
George V. Brown, the defendant, is
ready to and willing to pay the same In
such way or to such persons as may
be finally determined to own the same
At a former term of this court it was
held by my associate on the bench in g
controversy between the heirs of Lewis
Fowler and the heirs of Susan Fowler
that the said three thousand dollar note
belonged jointly to Lewis Fowler ane
Susan Fowler, and that their admin
istrators would have the right and con
troll of the one half each of the sale
three thousand dollar note.
Della M. Creveling now seeks to have
the court find in her favor against thu
administrators of said Lewis Fowle
and Susan Fowler and the respective
heirs at law of said deceased persons
claiming that she having received It'll,
to the property in question that sht
can now follow the proceeds into the
hands of the administrators of the re
spective estates and that the admin
istrators of the respective estate should
be ordered and directed to pay tn,
same over to her. Evidence has beer
introduced on the part of the plaintiff
for the purpose Of showing that Susal
Fowler in whose name the record title
of the property rested at the time she
conveyed the same to George v. Brown
had said to several persons that she ey