Lower v. Lower
Supreme Court of Iowa
Appeal from Monroe Circuit Court. The defendant is the administrator of the estate of Michael Lower, deceased. The plaintiff, who is the widow of the decedent, filed a claim against the estate for money received in 1853. She alleges in her petition that when married to the deceased she was the widow of one Boggs, and subsequently her second husband purchased the real property belonging to the estate of Boggs, in which she was entitled to dower; that in satisfaction of her…
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Appeal from Monroe Circuit Court. The defendant is the administrator of the estate of Michael Lower, deceased. The plaintiff, who is the widow of the decedent, filed a claim against the estate for money received in 1853. She alleges in her petition that when married to the deceased she was the widow of one Boggs, and subsequently her second husband purchased the real property belonging to the estate of Boggs, in which she was entitled to dower; that in satisfaction of her claim for dower a portion of tlie proceeds of the property was set apart to her, which, under an arrangement with the…
1Opinion of the CourtPeck, J.
I. It is first insisted that the evidence fails to support the judgment of the Circuit Court.
The cause is not triable here de novo, and the judgment of the court upon the facts, as the verdict of a jury,, must be sustained unless it be so wanting in support of the testimony that a presumption arises it was not the result of an honest and intelligent exercise of the discretion of the court. There is no ground for such presumption in this case. We cannot, therefore, interfere with the judgment as being in conflict with the testimony.
i practice in court:PquesmadoEytho issnes. II. It is next…
2Cases cited2 opinions
- Jones v. JonesSupreme Court of Iowa · 1865
- McMullen v. McMullenSupreme Court of Iowa · 1860
3Cited by3 opinions
- Ross v. Hawkeye InsuranceSupreme Court of Iowa · 1895
- Wilhelmi v. Des Moines InsuranceSupreme Court of Iowa · 1892
- Wilson v. RiddickSupreme Court of Iowa · 1897