Lucas v. Sawyer
Supreme Court of Iowa
Appeal from Muscatine District Court. Dower. Petitioner is tbe widow of Robert Lucas, wbo departed this life February 7th, 1853. In 1842 a judgment was recovered against said Lucas, upon wbicb an execution issued, and the lands, in which dower is claimed, were sold March 3d, 1845, to one of the present defendants. On the 8th of June, 1846, the land not being redeemed, the purchaser obtained his sheriff’s deed. The wife never made any relinquishment of her rights.
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Appeal from Muscatine District Court. Dower. Petitioner is tbe widow of Robert Lucas, wbo departed this life February 7th, 1853. In 1842 a judgment was recovered against said Lucas, upon wbicb an execution issued, and the lands, in which dower is claimed, were sold March 3d, 1845, to one of the present defendants. On the 8th of June, 1846, the land not being redeemed, the purchaser obtained his sheriff’s deed. The wife never made any relinquishment of her rights. This action was commenced in April, 1861. The court below sustained a demurrer to the petition, which presented the above facts,…
1Opinion of the Court
Wright, Oh. J.
The time of the marriage of plaintiff to the-decedent is not stated, but it is averred and conceded that the husband was seized in fee of the lands during the marriage, and prior to the sale under the execution.
At the time of the sale, the widow was entitled to dower as at common law. By the Code of 1851, § 1894, it was provided that “ one-third in value of all the real estate in which the husband at any time during the marriage had a legal or equitable interest, which has not been sold on execution, or other judicial sale, and to which the wife has made no relinquishment of her…
2Cases cited10 opinions
- Maguire v. MaguireCourt of Appeals of Kentucky · 1838
- Noel v. EwingIndiana Supreme Court · 1857
- Strong v. ClemIndiana Supreme Court · 1859
- Blain v. HarrisonIllinois Supreme Court · 1849
- Frantz v. HarrowIndiana Supreme Court · 1859
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3Cited by21 opinions
- Randall v. KreigerSupreme Court of the United States · 1875
- Pritchard v. Savannah Street & Rural Resort RailroadSupreme Court of Georgia · 1891
- Hamilton v. McNeillSupreme Court of Iowa · 1911
- McNeer v. McNeerIllinois Supreme Court · 1892
- Craven v. WinterSupreme Court of Iowa · 1874
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