21 Iowa 595
Decided December 28, 1866
Supreme Court of Iowa · decided 1866-12-28
Action for partition. The plaintiff alleges that he is tlie owner of one undivided half of certain lands' in Lee county (describing the same); that the defendant is the owner of the other undivided half thereof; that plaintiff and defendant acquired their respective titles to said property by descent, as the only heirs of Bobert Stanforth, a naturalized citizen, deceased, intestate; that Bobert Stánforth, deceased, left no wife or children, and had no blood relation in the…
This demurrer was sustained, and plaintiff appeals · Decided 1866-12-28
¶1The only question involved in this case, upon the present transcript, is as to the right or capacity of a non-resident alien to acquire real estate in this State by descent. So far as this right or capacity depends upon the construction of the act of 1858 (Rev., §§ 2188 to 2193) the judgment of the District Court must stand affirmed, by reason of the different views of the members of this court, which may be found in Purczell v. Smidt, ante.
¶2Affirmed.