Legal Opinion

Dalton v. Dalton

Supreme Court of Iowa

Decided November 22, 1916PublishedCited by 1 opinion

Appeal from Cherokee District Court.-— Wm. Hutchinson, • Judge. This is an action in equity, brought by appellants, who are heirs of James Dalton, deceased, for the purpose of partitioning 384 acres of land in Cherokee County and a residence lot in Le Mars, in Plymouth County, Iowa. Defendant, Margaret Dalton, is the widow of deceased, and the other defendant is a minor heir. Separate answers were filed.

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Appeal from Cherokee District Court.-— Wm. Hutchinson, • Judge. This is an action in equity, brought by appellants, who are heirs of James Dalton, deceased, for the purpose of partitioning 384 acres of land in Cherokee County and a residence lot in Le Mars, in Plymouth County, Iowa. Defendant, Margaret Dalton, is the widow of deceased, and the other defendant is a minor heir. Separate answers were filed. Plaintiff! interposed a demurrer to the answer of the widow, which was overruled, and plaintiffs appeal.

1Opinion of the CourtPreston, J.

Ssteibotmn : dower: homestead meumbranee; paymentfromgrenThe petition alleges that the widow is

entitled to one third of all the property, and that the minor defendant and each of the plaintiffs are entitled to an undivided two twenty-sevenths 'of the estate. Partition is asked of all the property.

„ ,, . , , , The answer of the widow avers that she ...... is the surviving widow of deceased; that, at the time of his death, she and her said husband, with their minor child, Helen, were living in the residence property in Le Mars, Iowa, and that the same was then their homestead; and that she and…

2Cases cited1 opinion

  1. Haynes v. RolstinSupreme Court of Iowa · 1914

3Cited by1 opinion

  1. Dalton v. DaltonSupreme Court of Iowa · 1918

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