Marvin v. Marvin
Supreme Court of Iowa
Appeal from, Pollc Gwouit Court. It appears from the averments of the petition that the plaintiff was married to ¥m. Marvin in the State of Ohio in the year 1852, and in 1856 she obtained a diyorce from him in that State on her petition, he being the party in fault. ¥m. Marvin died in the year 1880. At the time of the marriage and up to the time of his death he was the owner of 160 acres of land in Polk county in this State.
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Appeal from, Pollc Gwouit Court. It appears from the averments of the petition that the plaintiff was married to ¥m. Marvin in the State of Ohio in the year 1852, and in 1856 she obtained a diyorce from him in that State on her petition, he being the party in fault. ¥m. Marvin died in the year 1880. At the time of the marriage and up to the time of his death he was the owner of 160 acres of land in Polk county in this State. The plaintiff claims that she is entitled to one third of said land in fee as the widow of the deceased. The defendants are the heirs at law of ¥m. Marvin. There was a…
1Opinion of the CourtBothrock, J.
A copy of the decree of - divorce is attached to the petition, from which it appears that the divorce was full and complete. The following language is found in the decree: “It is therefore adjudged that the marriage contract existing between the parties be, and the same is, hereby canceled, dissolved and held for naught, and the parties be freed from the obligations of the same.” The law of this State must control the descent and distribution of property within the State, no matter where the claimants thereto may reside.
*700The divorce being absolute, the rights of the parties in property within…
2Cited by8 opinions
- Hamilton v. McNeillSupreme Court of Iowa · 1911
- McCoy v. McCoySupreme Court of Iowa · 1921
- Darby v. DarbyTennessee Supreme Court · 1925
- In re Estate of ClemmonsSupreme Court of Iowa · 1951
- United States v. SchippersDistrict Court, S.D. Iowa · 2013
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