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MILLER v. UNKNOWN CLAIMANTS, ETC.

No. 48691.

70 N.W.2d 560 (1955)

Wilbur J. MILLER, George W. Miller, Arthur Behling, George Behling, Oscar Behling, Edwin Behling, Francis M. Kelley, and Gerhard E. Miller, Plaintiffs-Appellees, v. UNKNOWN CLAIMANTS OF DESCRIBED REAL ESTATE et al., Defendants-Appellants.

Supreme Court of Iowa.

June 7, 1955.

Attorney(s) appearing for the Case

John R. Cronin, Nashua, Lundy, Butler & Lundy, Donald C. Wilson, Eldora, for appellants.

James H. Graven, Greene, R. W. Zastrow, Charles City, for appellees.

James F. Smith, Charles City, guardian ad litem for such defendants as are minors, incompetents, or under any other legal disability.

HAYS, Justice.

Action to quiet title to 112 acres of real estate in Butler County, Iowa, owned in fee by Fred A. Butzlaff at the time of his death in 1907 and disposed of by his will. Actually involved is title to an undivided half interest. Plaintiffs claim title to the whole as devisees in said will. The defendants claim title to an undivided half interest through Louise Fuerstenberger, a devisee, and Section 636.40, Code of 1950, I.C.A. Title was quieted in the...

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