Wold v. Berkholtz
Supreme Court of Iowa
Appeal from Lyon District Court. — Hon. George W. Wakefield and Hon. John F. Oliver, Judges. These three cases were submitted together, and on the same record. The first was tried before Hon. George W. Wakefield. Wold & Olson asked for judgment on account against Laura D. Stoltenberg, and the petition was aided by a writ of attachment levied upon the distributive share of the defendant in the estate of Herman Berkholtz, deceased, and rents thereon, duly garnished.
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Appeal from Lyon District Court. — Hon. George W. Wakefield and Hon. John F. Oliver, Judges. These three cases were submitted together, and on the same record. The first was tried before Hon. George W. Wakefield. Wold & Olson asked for judgment on account against Laura D. Stoltenberg, and the petition was aided by a writ of attachment levied upon the distributive share of the defendant in the estate of Herman Berkholtz, deceased, and rents thereon, duly garnished. In her answer defendant denies the indebtedness. Cora and Bessie Berkholtz and their guardian intervened, alleging that Mrs.…
1Opinion of the CourtLadd, J.
1 — The controlling question in each of the three cases is, did Laura D. Stoltenberg (formerly Berk-holtz) elect to take the homestead in lieu of her distributive share in the estate Of Herman Berkholtz, deceased? Berkholtz died June 11, 1894, seized of the south one-half, southeast one-fourth, southwest one-fourth, and the northeast one-fourth, southwest one-fourth, of section 33, in township 100 north, of range 45 west of fifth principal meriadin, and lots 1, 2, 3, and 4 in block No. 1, and lots 2,3,4, and 5 in block No. 2, of Berkholtz addition to the town of Rock Rapids. Situated on this…
2Cases cited9 opinions
- Thomas v. ThomasSupreme Court of Iowa · 1887
- Egbert v. EgbertSupreme Court of Iowa · 1892
- Rausch v. MooreSupreme Court of Iowa · 1878
- McDonald v. McDonaldSupreme Court of Iowa · 1888
- Zwick v. JohnsSupreme Court of Iowa · 1893
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3Cited by9 opinions
- Van Veen v. Van VeenSupreme Court of Iowa · 1931
- McDonald v. YoungSupreme Court of Iowa · 1899
- Bosworth v. BlaineSupreme Court of Iowa · 1915
- In re the Estate of LundSupreme Court of Iowa · 1899
- Robson v. LambertsonSupreme Court of Iowa · 1902
4 more not listed; retrieve them via the Exa API.