Kiene v. Gmehle
Supreme Court of Iowa
Appeal from Dubuque District Court. — Hon. D. J. Linehan, Judge. Action in equity to forclose two mortgages on certain real estate given by the defendants Emilie Gmehle and Gottfried Gmehle, her husband.
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Appeal from Dubuque District Court. — Hon. D. J. Linehan, Judge. Action in equity to forclose two mortgages on certain real estate given by the defendants Emilie Gmehle and Gottfried Gmehle, her husband. Frederick Mack Gmehle, a minor, being made a defendant, as claiming an interest in the mortgaged property, answered by his guardian ad litem, claiming to be the owner of said real estate under the will of his grand-father,' Jacob F. Mack, deceased, subject only to the life estate of his mother, the defendant Emilie Gmehle, and setting out said will. The plaintiff demurred to the answer, “and"…
1Opinion of the CourtGiven, J.
Jacob F. and Maria Mack, husband and wife, being seized of separate estates, joined in executing their last will and testament, as follows:. “We, Jacob F. Mack and Maria Mack, of the city of Dubuque, in the county of Dubuque and state of *314Iowa, being seized of separate estates, and being mutually desirous of providing for tbe disposal of tbe same in tbe event of our decease, and to provide for tbe control and enjoyment of tbe same during tbe lifetime of tbe survivor of us, and being of sound and disposing mind, do. hereby make and declare this to be our last will and testament of eacb of us,…
2Cases cited5 opinions
- Pierson v. LaneSupreme Court of Iowa · 1882
- Benkert v. JacobySupreme Court of Iowa · 1873
- Hanna v. HawesSupreme Court of Iowa · 1877
- Plummer v. Douglas & WatsonSupreme Court of Iowa · 1862
- Slemmer v. CramptonSupreme Court of Iowa · 1878
3Cited by11 opinions
- Wescott v. BinfordSupreme Court of Iowa · 1898
- Moody v. AikenTexas Supreme Court · 1878
- Doyle v. AndisSupreme Court of Iowa · 1905
- Opel v. ShoupSupreme Court of Iowa · 1896
- Ault v. HillyardSupreme Court of Iowa · 1908
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