Butterfield v. Wicks
Supreme Court of Iowa
Appeal from, Clinton Circuit Court. On tbe 26th day of December, 1873, the plaintiff filed his amended and substituted petition, alleging in substance that the defendant, Stephen Wicks, for thé purpose of securing to one D. Whitney a note for $300 and interest, on the 21st day of April, I860, executed to said Whitney a mortgage upon his dower interest in a certain piece of land 132 feet square, in the south-east corner of block No, 10, in the village of De Witt, That the fee…
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Appeal from, Clinton Circuit Court. On tbe 26th day of December, 1873, the plaintiff filed his amended and substituted petition, alleging in substance that the defendant, Stephen Wicks, for thé purpose of securing to one D. Whitney a note for $300 and interest, on the 21st day of April, I860, executed to said Whitney a mortgage upon his dower interest in a certain piece of land 132 feet square, in the south-east corner of block No, 10, in the village of De Witt, That the fee simple in said land was in his wife, Adelia B. Wicks, in the year 1863, at which time she died intestate, leaving…
1Opinion of the CourtDav, J.
I. Adelia B. Wicks died intestate, seized of the legal title to the homestead in controversy, and leaving a husband and children.
The real question in this case is, what disposition did the law make of this homestead, upon her death ?
*312, v?vorrmS' elect. *311At the time of her death the law provided, as now, that *312one-third in value of all the real property possessed by the husband during marriage, which has not been sold 0n execution or other judicial sale, and to which the wife has made no relinquishment of her right, shall be set apart as her property, in fee simple, if she survive him; and the…
2Cases cited1 opinion
- Meyer v. MeyerSupreme Court of Iowa · 1867
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- Smith v. ZuckmeyerSupreme Court of Iowa · 1881
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