O'Ferrall v. Davis
Supreme Court of Iowa
Appeal from the Dubuque District Court. The plaintiff sued for dower in certain lots in Dubuque,- and judgment of admeasurement was] rendered. Tie question arose, wietier sie was entitled to dower for life only, as at common law, under wiici tie conveyance by ier ius-band was made, or in fee under tie Code, .under wiici, in point of time, be died.
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Appeal from the Dubuque District Court. The plaintiff sued for dower in certain lots in Dubuque,- and judgment of admeasurement was] rendered. Tie question arose, wietier sie was entitled to dower for life only, as at common law, under wiici tie conveyance by ier ius-band was made, or in fee under tie Code, .under wiici, in point of time, be died. Tie Supreme Court decided, that sie was endowed of a life estate. [See tie case between tiese parties, December term, 1854.] Pending tie case in that court, and with intent that tie plaintiff sbould not claim possession of tie lots against tie…
1Opinion of the CourtWoodward, J.
(Isbell, J., dissenting). — The principal question presented to this court for adjudication, is as to the construction of the agreement between the parties. But little argument, and no authority, is adduced on either side.. On the part of the defendant, it is said that the law knows no better use of money than a safe investment at interest; that dower is but a usufruct, and that if complainant gets her interest, she gets the use of her money; or, in other words, the use of the land; and that a court of equity always directs a trustee having funds, to invest them at interest. A judge is not to…
2Cited by2 opinions
- Holcomb v. SpikesCourt of Appeals of Texas · 1921
- State v. BraskampSupreme Court of Iowa · 1893