Rausch v. Moore
Supreme Court of Iowa
Appeal from Tama Circuit Court. This is an action upon a judgment of the Circuit Court of La Salle county, Illinois. It is averred in the petition that the defendant is a non-resident of the State of Iowa. An attachment was issued, the return to which shows that it was levied upon the undivided interest of Maria A. Moore (defendant) in certain real estate.
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Appeal from Tama Circuit Court. This is an action upon a judgment of the Circuit Court of La Salle county, Illinois. It is averred in the petition that the defendant is a non-resident of the State of Iowa. An attachment was issued, the return to which shows that it was levied upon the undivided interest of Maria A. Moore (defendant) in certain real estate. The defendant appeared to the action and moved to discharge the attachment, upon the following grounds: 1. Eor want of a sufficient verification to the petition. 2. The only right the defendant had to the real estate, when the attachment…
1Dissent
Seevers, J.,
dissenting. — As I understand, a widow at common law cannot before assignment convey her dower to a stianger by any of the ordinary modes of conveying freehold estates, so as to vest the legal interest in her grantee. Tompkins v. Fonda, 4 Paige’s Ch., 448. A widow’s dower before assignment is a mere right in action and nothing more. Rayner v. Lee, 20 Mich., 384. She cannot maintain ejectment before assignment. Shields v. Batts, 5 J. J. Marsh., 12. It may be released, but the widow cannot invest another with the right of action. Cox v. Jagger, 2 Cow., 638. She had no right of entry…
2Cases cited7 opinions
- Mock v. WatsonSupreme Court of Iowa · 1875
- Rayner v. LeeMichigan Supreme Court · 1870
- Cox v. JaggerNew York Supreme Court · 1824
- Huston v. SeeleySupreme Court of Iowa · 1869
- Wooster v. Hunts Lyman Iron Co.Supreme Court of Connecticut · 1871
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