Green Ridge Fuel Co. v. Littlejohn
Supreme Court of Iowa
Appeal from Mahaska District Court. — Hon. Byron W. Preston, Judge. William A. Littlejohn died testate April 20, 1902, survived by a widow, Rebecca Littlejohn, and nine children. By the terms of the will, the use of the realty was given to the wife so long as she remained his widow and during her natural life, and upon her death the property to be divided between his children, share and share alike.
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Appeal from Mahaska District Court. — Hon. Byron W. Preston, Judge. William A. Littlejohn died testate April 20, 1902, survived by a widow, Rebecca Littlejohn, and nine children. By the terms of the will, the use of the realty was given to the wife so long as she remained his widow and during her natural life, and upon her death the property to be divided between his children, share and share alike. The widow accepted under the will, and, on the 10th day of October, 1906, she and all but three of the children, Melville B. Littlejohn, Mary A. Smith, and Alta M. Rogers, signed a lease conveying…
1Opinion of the Court
Ladd, J. —
The alleged lease to the Crescent Coal Company dated October 10, 1906, ivas assigned by it to the plaintiff July 10, 1907. The instrument, which for convenience may be designated the first lease, purported to be from the widow and heirs.of William A. Littlejohn to the former company; but neither it nor two of the heirs ever signed such instrument, and the guardian of a minor heir had signed his name thereto without ,an order of court. The lease executed April 30, .1907, by the widow and heirs to Miller and McMillan, and by them assigned to Love, is not challenged save as purporting…
2Cases cited8 opinions
- Waterman v. BanksSupreme Court of the United States · 1892
- Merk v. Bowery Mining Co.Montana Supreme Court · 1904
- Creveling v. BantaSupreme Court of Iowa · 1908
- Sutton v. WeberSupreme Court of Iowa · 1904
- Love v. Atkinson.Supreme Court of North Carolina · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Healy v. HohnSupreme Court of Iowa · 1912
- Prigge v. OlsonNebraska Supreme Court · 1951
- Gamble v. HanchettNevada Supreme Court · 1912