Geraty v. Barber
Supreme Court of Iowa
Appeal from Howard District Court. — C. N. Houck, Judge. Action in equity, to determine the title- and right of possession of two lots/together less than half an acre, in the city of Cresco. The defendant, who is the widow of plaintiff’s father, claims a one-third interest in the property, under the will of her deceased husband, who, she claims, had not elected to take a homestead interest in th,e .property, but that he was entitled to his distributive share, of one third.
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Appeal from Howard District Court. — C. N. Houck, Judge. Action in equity, to determine the title- and right of possession of two lots/together less than half an acre, in the city of Cresco. The defendant, who is the widow of plaintiff’s father, claims a one-third interest in the property, under the will of her deceased husband, who, she claims, had not elected to take a homestead interest in th,e .property, but that he was entitled to his distributive share, of one third. Plaintiff’s claim is that her father, defendant’s deceased husband, had elected to take his homestead right in the…
1Opinion of the CourtPREston, J.
There is little, if any, controversy as to the law of the case, although each side cites authorities where, under the facts.of the cases cited, it was held either, that there had or had not been an election. We have a case which is largely a question of fact, whether J. B. Barber, the surviving husband, took his distributive share, or whether he had elected to occupy the premises under his homestead right. It is conceded that the right to a distributive share is the primary right of a surviving spouse, and that the burden is upon plaintiff to show an election to take homestead for life, in…
2Cases cited7 opinions
- Bosworth v. BlaineSupreme Court of Iowa · 1915
- Cass County Bank v. WeberSupreme Court of Iowa · 1891
- Gray v. WrightSupreme Court of Iowa · 1909
- Groneweg v. BeckSupreme Court of Iowa · 1895
- Joslin v. BeamSupreme Court of Iowa · 1919
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Jackson v. GrantSupreme Court of Iowa · 1938