McGlothlen v. Hite
Supreme Court of Iowa
Appeal from Polk Gwouii Cowrt. Action by plaintiff as widow of J. D. McGlothlen, deceased, intestate, to obtain an assignment of her distributive share in the land belonging to his estate. The heirs of the intestate and administrator are made defendants. The land in question consists of section twenty-seven, in township seventy-eight, range twenty-three west. The north-west one-fourth of the southwest one-fourth was occupied by the plaintiff as her homestead.
Read the full summary
Appeal from Polk Gwouii Cowrt. Action by plaintiff as widow of J. D. McGlothlen, deceased, intestate, to obtain an assignment of her distributive share in the land belonging to his estate. The heirs of the intestate and administrator are made defendants. The land in question consists of section twenty-seven, in township seventy-eight, range twenty-three west. The north-west one-fourth of the southwest one-fourth was occupied by the plaintiff as her homestead. The" whole section was covered by a mortgage executed by the plaintiff and her husband, and given to secure the sum of $7,000. The…
1Opinion of the Court
Adams, Cn. J.
i. uo'wEit:. Homestead. The ruling of the court below in holding the homestead forty acres secondarily liable was based, doubt-
less, upon Wilson v. Hardesty, 48 Iowa, 515. The heirs question the correctness of the decision.
*394The writer of this opinion is not entirely satisfied in regard to its correctness, but the other members of the court are. It must, therefore, be allowed to stand. This disposes of the question in regard to the homestead forty acres.
2. —:-. The question as to whether a widow’s distributive share, not included in a homestead, should, as between her and the…
2Cases cited1 opinion
- Wilson v. HardestySupreme Court of Iowa · 1878
3Cited by6 opinions
- Bissell v. BissellSupreme Court of Iowa · 1903
- Haynes v. RolstinSupreme Court of Iowa · 1914
- Snyder v. RicheySupreme Court of Iowa · 1911
- Wells v. WellsSupreme Court of Iowa · 1881
- Conger v. CookSupreme Court of Iowa · 1881
1 more not listed; retrieve them via the Exa API.