Dolph v. Wortman
Supreme Court of Iowa
Appeal from Mills District Court. — O. D. Wheeler, Judge. Suit in partition of lands in the name of A. H. Dolph at the time of his death. By way of cross-petition and petition of intervention, the widow and children of J. H. Dolph alleged that 954 acres of the land had been conveyed to J. H. Dolph, and prayed that title thereto be quieted in them. The plaintiff, as widow of A. Iff.
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Appeal from Mills District Court. — O. D. Wheeler, Judge. Suit in partition of lands in the name of A. H. Dolph at the time of his death. By way of cross-petition and petition of intervention, the widow and children of J. H. Dolph alleged that 954 acres of the land had been conveyed to J. H. Dolph, and prayed that title thereto be quieted in them. The plaintiff, as widow of A. Iff. Dolph, alleged that, if J. H. Dolph acquired said land, this was in fraud of her marital rights. These allegations were put in issue; and, on hearing, the court found that the 954 acres of land were conveyed to J.…
1Opinion of the CourtLadd, J.
l. .gifts : failure mistake™effect.' I. A. H. Dolph, known herein as Henry, died January 18, 1916, intestate, seized of about 2,000 acres of land, leaving a widow, plaintiff herein, and no descendants. His first wife, to whom he was married in 1857, died in June, 1894, and he was married to plaintiff, a widow, with three children, June 17, 1896. Her right to one half of all the above, land except 954 acres is not questioned, nor is the right of defendants and cross-petitioners to share therein, or their respective portions. But it is alleged by cross-petitioners that, on August 28, 1895,…
2Cases cited16 opinions
- Tucker v. TuckerSupreme Court of Iowa · 1908
- Creveling v. BantaSupreme Court of Iowa · 1908
- Reeves v. HowardSupreme Court of Iowa · 1902
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3Cited by16 opinions
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