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

Y. OCTOBER Is. 1905.
M. Creveling claims to have filed in
her name together with the consider
alton herself, but, as she claims, with
authority from Susan Fowler. This con-
teutlon is, 10 measure, supported by
other evidence, although it would seem
that the testimony of Della M. Creveling
as to any relations sustained by her
and Susan Fowler would be inadmissi-
BILE. So that the testimony showing her
authority to fill in the name and trans
fer the property to herself is very weak,
indeed, and not very clear and salts
factory. And it is very doubtful in the
mind OF the court as to her right to fill
in the name. 1t is, in fact, so unsatis-
factory fhat the court is persuaded that
upon this theory alone the court ought
not to sustain the claim of Della NJ
Creveling to any rights under the deed.
| But, assuming even for the purposes of
this case that Della M. Creveling had
authority to fill in the name, the court
| is still OF the opinion that the plaintiff
| should not recover. 1t seems that after
the deed was made in blank and after
| oiS oi'tiS SACl I)ciId M '.TcVSllI1g clal0S
to have filed her name i'm and to have
had possession OF the deed, that with
her knowledge Mrs. Fowler and Mr..
| Fowler conveyed the property in ques-
ticn to George V. Brown. There are
| certain declarations of Della NJ. Grey
| cling showing her knowledge and ac-
! quiesence therein which she does not
even deny on the witness stand. One
1 n hINr It,,nr
Brown, daughter-in law of George V.
Brown, showing that Della M. Creveling
was making no claim to the land in
questlnn and showing that she had
knowledge that Susan Fowler was con-
veylng the land away and showing that
she was making no contest. This shows
that she at that time made no claim to the
property or had any rights therein.
AT other times Della M. Creveling made
declarations to persons who have testi-
fled and whom the court regards in
every way credible witness, that she
would get nothing from Susan Fowler's
estate and that Mr.. Fowler would by
some means prevent her from having
any interest in it, showing that she was
not relying upon her deed to give her
any interest in the estate. In fact,
there is no declaration or conduct on
the part OF the plaintiff, Della NJ. Grew
cling, showing that she was in any
sense relying upon the deed of Susan
Fowler to give her interest in the prop
erty in question. These things indicate
that the deed wasn't delivered to her
during the life time Of Susan and Lewis
Fowler. The defendants claim, but
there is little OR no evidence to sustain
their claim, that in fact Della M. Grew
cling received said deed after the death
OF Susan and Lewis Fowler and that she
came into possession of it surreptiti-
ously and that she came. by it among
the a9ects of Susan and Lewis Fowler
which effects came into possession of
Della M. Creveling. So that taking all
the evidence into consideration the
court is not of the opinion that the
plaintiff should recover for the reason
that she has not established, in way
satisfactory to the court that the deed
in question was ever delivered to her.
Secondly, for the reason that, if the
deed was delivered to her, that she
never availed herself Of the rights un-
der the deed and abandoned all claims
to the property in question and per-
mitted Susan Fowler and Lewis Fowler
to dispose of the property in question
and appropriate it to their own use.
Another significant fact is that Della
Nj. Creveling does not claim to have
paid any consideration for the property
in question, and that she made no claim
to the property in question for four
years and six months after the date
of the alleged deed under which she
claims, or until the filing of her deed
for record which was August %, 1907
She made no claims to the proceeds
thereof until after partition proceed
ings had been begun by the several
heirs OF Susan Fowler and Lewis Fowler
her husband. 1t is further disclosed in
the evidence, which is not disputed
that just prior to the death of Susan
Fowler Lewis Fowler, her husband, sent
word to Della M. Creveling asking hel
to take said Susan Fowler and keep her
and care for her and proposed on his
part that he would release all of his
interest in the property of Susan Fowle,
If she would do this, Della M. Creveline
inquired of the person who carried this
|; information from Lewis Fowler to Della
M. Creveling "if she thought Mr.. Fowler
would do this" Now this is wholly in
consistent with her claim that she oughr
} to recover this property or the pro
ceeds thereof. The court is of the opin
ion that the plaintiff in this action ha.
: failed to establish her cause of actor
either as against the defendant George
V. Brown or any of the other defendants
} in this action, so it is the order ant
, judgment of this court that the plain
titf's petition be dismissed and judg
} ment entered up for the defendants ant
for costs. The attorneys for the de
, PENDANTS will prepare a decree in &C
} cordance with this opinion, to all O
, which the plaintiff accepts.
Dated this 25 day of September, 1905
II. X. EVANS,
Judge Third Judicial District of Iowa
Your Kind of OYSTERS.