Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-10-29
JUDGE CUMMINGS, IN TOLEDO
COURT RULES AGAINST FRED
DANNENeRiNk's HEIR.
CASE 10 BRANCH OF OLD
pANNENeRiNk LITIGATION
nsnhrink, Who Prosecuted Long Ac.
ton Against Late Il. z. tsusse Fo1
Personal Property, Sued Tewksbury
For Land She Alleged She Owned.

Inc last phase OF the locally famous
litigation over the property Of the es-
tate Of Fred Dannenbrink, an old Ger
man resident of Tama county, who is
now dead. was ended in the district
court at Toledo Thursday when Judge
B. F. Cummings dismissed the petition
Of Sophia Mccoy vs.. George Tewks-
bury, the latter of this city. The court
ruled on the motion of the defendants
attorney that the plaintiffs case was
without equity. The plaintiffs attor-
neys filed notice Of appeal to the SUI
preme court.
This case has to do with 1875 acres
Of land in Tama county. It was real
estate owned by Dannenbrink and sold
,, to Tewksbury. Mrs. Mccoy, the sole
heir was seeking to recover it by hav
ing the deeds set aside by which Dan
nenbrink conveyed 1t to Tewksbury.
10 Part Of Old Lawsuit.
Without attempting to trace the de-
velopments Of the litigation Of which
this case was an offshoot it is branch
Of litigation that reaches back thru
the district courts of this county,
Story, and Tama counties for fourteen
years. The main case, the action of
Mccoy VS.. Nuese, has been in the SUI
preme court. All of the litigation has
been to recover property alleged to be-
long to Dannenbrink, but which had
passed from his possession prior to his
death. This property included large
sum OF money and the land that was
the cause Of action in this lawsuit.
Land Now Very Valuable.
It Is said that the land in litigation
in this action Is worth about $75 to
500 an acre. The history of the cause
Of the litigation Is briefly as follows:
In 1901 Dannenbrink decided to
Tewksbury sixty acres for $4,000. In
1902 he decided 1876 acres more, in small
tracts, to Tewksbury for $4,000. Later
in 1902 Dannenbrink was adjudged by
the court to be mentally unsound and
unable to care for his business. The
court appointed guardian. In 1904
Dannenbrink died.
In 1907 Sophia Mccoy. Dannenbrink's
adopted daughter, filed suit against
Tewsbury to have the deeds conveying
the land set aside. AS cause for ac-
ton it was alleged that Tewksbury
, had acquired the confidence Of Dam
fnenbrink and had exercised undue in
fuence over him and had thereby OBJ
I8l0eO possession OF the ldNO at MUCH
less than its real value.
Other Litigation Pushed.
During all the years since 1907 this
case has remained untried in the Tama
county court while one set Of lawyers
after another have been engaged in
fighting the other branch of the case,
the action Of Mccoy VS.. Nuese. to re-
cover several thousand dollars of
money alleged to belong to Damien
brink and claimed by the plaintiff and
sole heir as her property. After hav-
ing been tried. and retired in district
and supreme courts this case was tried
again here last February. Judge Cum
mings dismissed Mrs. McCoy's petition,
holding that she could not recover.
Interesting Phases Of Suit.
While 1t has no direct bearing on the
issues of the case 1t Is Of interest to
note that since this litigation was be-
gun Dannenbrink has died and A. F.
Nuese, defendant in the McCoy-N uese
case, has died.
Three attorneys in the case at one
time were later advanced to the bench
Of the district and were still later all
disqualified from hearing this case.
They were Judges c. B. Bradshaw, ].
M. Parker, and James w. Wtllett. AT
one time in the litigation Judges Brad
shaw and Parker occupied the district
bench and 1t was necessary to trans
fer the case to Story county for tria!
before Judge Lee.
The present attorneys in the Nc
Coy -Tewksbury branch Of the litiga-
ton are Willett & Willett. Of Tama.