Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1919-11-27
AUDUBON COUNTY
MAN WINS CASE
MATTER TRIED In THE DISTRICT
COURT AND SyPREME COURT
AFFIRMS TIT DECISION

Some time in October, 1913, a case
was begun in the district court or
Audubon county entitled Elizabeth
Neyilier ct al VS. T. j. Foster, nj. 1.
Masterson, ct al, wherein the plain
tiff sought to secure for herself title
to a certain so acre tract OF land in
Greeley township of this county, the
ownership of which land was then
claimed by M. l. Masterson and his
sisters, Veda Mccall and Stella
Houston, The trial of the case in
the local courts went into some an
cient history in the county. 1t seems
that some time in the seventies a
party named Alex Nish and wife liy-
ed in Dallas county, Iowa; that
some trouble arose between the par
ties followed by separation. There
were three children and the father,
Alex Nish, went west and the mother
stayed in Iowa. The two elder
children went with the father and
tho youngest, Elizabeth, stayed with
her mother. The mother later mar
ried George Voiyer and by some ar
rangement between the parties NOV
ed upon the 80 acres of land in
question. 1t seems as though the
title to this land stood in the name
of Nish. Later Mrs. Voiyer brought
suit in the district court to secure
title to the land and this case was
tried along about 1888 before Judge
Deemer, who afterwards became a
noted supreme court judge Of the
state. Judge Deemer refused to
give the land to Mrs. Voiyer and
thereupon she appealed to the SUI
prcme court. While this appeal was
pending the parties effected settle
ment between them wherein Mrs.
Voiyer was given life estate in the
land in question and at her death the
land descended to the three chill
dren. The Voiyers stayed upon the
land until the year of 1892 when
they moved to Guthrie Center and
later to Waukee, Iowa. Evidently
they had failed to prosper and be-
came involved in debt and litigation.
While at Guthrie Center they were
tenants of T. j. Foster of that
place and in the course of some deal
ings between them Foster purchased
the rights of Mrs. Voiyer in and to
the porperty Later he purchased
some liens against the property,
same being for witness fees, mechan-
les liens, ETC., and later brought
action to quiet title, claiming there
in to be the absolute owner of the
entire estate. He gave notice by
publication in a newspaper in the
county but as none of the former
owners we're then residents of the
state no actual notice was ever had
by them of the action of Foster.
After Foster had the title fixed up
he placed the farm on the market
and sought buyer. At that time
NJ. l. Masterson was just of age and
finally made deal with Foster
wherein he purchased the 80 acres
paying Foster therefor the full mar
ket price. Masterson held in for a
few years and then sold it to his
mother. She owned 1t until her
death when It descended to her heirs
and at the time of the beginning Of
the suit was till in the possession of
the Masterson family. During
these years they had placed mort
cages upon the land, made improve
ments, paid the taxes and supposed
that their title was absolute. Some
time in 1918 Mrs. Voiyer was living
in Wisconsin. She fell i'll and the
children wrote to Iowa to ascertain
as to the farm which they supposed
they were to receive at their moth
er's death. Upon investigation
they found that the farm had long
since been sold and was claimed by
others. The action followed.
The plaintiff was represented by
Attorneys Dunshee & Haines of Des
Moines and Graham & Graham of
Audubon. Foster appeared by
Judge Parrish of Des Moines, while