Phares v. Walters
Supreme Court of Iowa
Appeal from, the Lee District Court. The petitioner, as the widow of Johnson J. Phares, claimed dower in a lot in the town of Port Madison. The husband died, October 22, 1842, and this action was commenced October 2, 1857. Defendant demurred to the petition, for the reason that upon the facts stated therein, petitioner’s claim was barred by the statute of limitations. This demurrer was overruled, and defendant appeals.
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Appeal from, the Lee District Court. The petitioner, as the widow of Johnson J. Phares, claimed dower in a lot in the town of Port Madison. The husband died, October 22, 1842, and this action was commenced October 2, 1857. Defendant demurred to the petition, for the reason that upon the facts stated therein, petitioner’s claim was barred by the statute of limitations. This demurrer was overruled, and defendant appeals. I. The statute of limitations may be talcen advantage of upon, demurrer, where such objection appears upon the petition. Story’s Eq. Plead., sec. 484; Parson v. David, 1 Iowa,…
1Opinion of the CourtWright, C. J.
— The result of the various decisions, as recognized by Story, J., is, that courts of equity exercise a general concurrent jurisdiction with courts of law in the assignment of dower, in all cases. Eq. Jur., sec. 624. In such cases, (where the jurisdiction is concurrent), courts of equity, equally with courts of law, are bound by the statute of limitations; and they act in obedience to the statute, rather than by way of analogy to the law. Wright v. Le Claire, 3, Iowa, 221. And in the same case, it is said, that while cases of account, of fraud, of partition, of dower, and the like, might be…
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