Wilcke v. Wilcke
Supreme Court of Iowa
Appeal from Clinton District Court. — Hon. P. B. Wolfe, Judge. Adam Wilcke died intestate in 1891 in Clinton county, Iowa, seized of eighty acres of land, which he acquired in 1877, while a non-resident alien. He became a citizen of the United States in 1882. He left surviving him, as his widow, the defendant Isabella Wilcke, but no issue.
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Appeal from Clinton District Court. — Hon. P. B. Wolfe, Judge. Adam Wilcke died intestate in 1891 in Clinton county, Iowa, seized of eighty acres of land, which he acquired in 1877, while a non-resident alien. He became a citizen of the United States in 1882. He left surviving him, as his widow, the defendant Isabella Wilcke, but no issue. The parents of Adam Wilcke died in Germany prior to his death, and it seems to be conceded that they were incapacitated to inherit real estate by the law of this state. Adam Wilcke also left surviving him the plaintiff, Ludwig Wilcke, a brother of the full…
1Opinion of the CourtGranger, J.
1 I. As has been stated, plaintiff, in his reply, recited the facts as to the occupancy of the land by appellant, and asked that the rents received therefrom be deducted from the claim for disbursements on account of the mortgage lien discharged by her. Appellant moved the court to strike that part of the reply. The motion was denied, and complaint is made of the ruling. The claim is that it is an independent action in the nature of an accounting, or for money claimed. It is said, if it was to come into the action, it should have been pleaded in the petition. That could not have been done,…
2Cases cited9 opinions
- Lessee of Levy v. McCarteeSupreme Court of the United States · 1832
- McGuire v. BrownSupreme Court of Iowa · 1875
- Jackson ex rel. E. Doran v. GreenNew York Supreme Court · 1831
- Smith v. ZuckmeyerSupreme Court of Iowa · 1881
- Furenes v. MickelsonSupreme Court of Iowa · 1892
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3Cited by16 opinions
- McAllister v. McAllisterSupreme Court of Iowa · 1918
- Shick v. HoweSupreme Court of Iowa · 1908
- Application of the State to Subject Property of Said Estate to a Collateral Inheritance Tax v. KilerSupreme Court of Iowa · 1903
- Boyles v. CoraSupreme Court of Iowa · 1942
- Hays v. MarshSupreme Court of Iowa · 1904
11 more not listed; retrieve them via the Exa API.