Martin v. Farmers Loan & Trust Co.
Supreme Court of Iowa
Appeal from Plymouth District Court. — William Hutchinson, Judge. This is an action in equity, in which plaintiff seeks to have set off to her a .distributive share, or dower, in certain land transferred to the defendant by deed in which plaintiff and her deceased husband joined, and in which plaintiff relinquished her dower interest. Defendant asked to have its title quieted as against plaintiff’s claim.
Read the full summary
Appeal from Plymouth District Court. — William Hutchinson, Judge. This is an action in equity, in which plaintiff seeks to have set off to her a .distributive share, or dower, in certain land transferred to the defendant by deed in which plaintiff and her deceased husband joined, and in which plaintiff relinquished her dower interest. Defendant asked to have its title quieted as against plaintiff’s claim. After a trial on the merits, .the trial court held that plaintiff was not entitled to dower, and dismissed her petition and gave defendant a decree. The plaintiff appeals. —
1Opinion of the CourtPreston, J.
Descent and DISTRIBUTION : surviving husband or wife: dower: waiver by division of property: estoppel. The general situation, in so far as we think it applicable to points presented, is substantially this, as set out by appellant in her statement of facts:
That the plaintiff was married to Wilson B. Martin, now deceased, 24 years ago; that, at that time, deceased had 5 children by a former marriage, who are still living — one of these is Frank Martin; plaintiff and deceased had 3 children, all now living, one of whom is Dwight. That, at about the time of their marriage, they purchased 80 acres…
2Cases cited2 opinions
- In re the Estate of KennedySupreme Court of Iowa · 1912
- Manatt v. GriffithSupreme Court of Iowa · 1910
3Cited by3 opinions
- Browning v. KannowSupreme Court of Iowa · 1926
- Staly v. McNerneySupreme Court of Iowa · 1943
- Callan v. Western Investment & Holding Co.Oregon Supreme Court · 1937