Wilcox v. Wilcox
Supreme Court of Iowa
Appeal from Mahaska District Coart. — Hon. A. E. Dewey and Hon. D. Eyan, Judges. Willis O. Wilcox died in 1881, seized of about one hundred and twenty-five acres of land, of which forty acres constituted his homestead. He left surviving him a widow, Sarah E. Wilcox, and seven children, among whom were the plaintiff, Ora M., and William H. and Eichard D. Wilcox. All the land is in one tract, and has since been occupied by the family.
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Appeal from Mahaska District Coart. — Hon. A. E. Dewey and Hon. D. Eyan, Judges. Willis O. Wilcox died in 1881, seized of about one hundred and twenty-five acres of land, of which forty acres constituted his homestead. He left surviving him a widow, Sarah E. Wilcox, and seven children, among whom were the plaintiff, Ora M., and William H. and Eichard D. Wilcox. All the land is in one tract, and has since been occupied by the family. No administration was ever had on his estate. This suit is by one of the heirs, and is fora partition of the land. A distribution of the land among the widow and…
1Opinion of the CourtG-eangee, J.
1. Estates of decedents: homestead: widow’s election after mortgage of distributive share. A few facts will bring us to the pivotal question. Something more than five years after the death of her husband, the widow, Sarah E. Wilcox, made to Searle a mortgage on what would be her distributive share in her husband’s estate, and obtained one thousand two hundred dollars, and warranted the title against all persons whomsoever. Soon after, she placed another mortgage on the same and the one fourteenth obtained from Eichard D. Wilcox, and received upwards of one thousand, five hundred dollars. It…
2Cases cited8 opinions
- Egbert v. EgbertSupreme Court of Iowa · 1892
- Bradshaw v. HurstSupreme Court of Iowa · 1882
- McDonald v. McDonaldSupreme Court of Iowa · 1888
- Burdick v. KentSupreme Court of Iowa · 1879
- Darrah v. CunninghamSupreme Court of Iowa · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- McDonald v. YoungSupreme Court of Iowa · 1899
- Bosworth v. BlaineSupreme Court of Iowa · 1915
- Wold v. BerkholtzSupreme Court of Iowa · 1898
- Mensinger v. HassSupreme Court of Iowa · 1949
- Stephens v. HaySupreme Court of Iowa · 1896
1 more not listed; retrieve them via the Exa API.