Clark v. Richardson
Supreme Court of Iowa
Appeal from, Ramis Ristmiot Qov/rt. The plaintiffs filed their petition for partition of certain lands of which Lyman Richardson died seized, to wit: The west ■§■, south-east section 36, township 66, range 12; north-east J, south-east \, section 36; south-west J, north-east £, section 36, township 69, range 12, and southwest £, north-west £, section 6, township 68, range 11. Ruth Richardson, widow of Lyman Richardson, answered, claiming -title in fee simple to north-west £,…
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Appeal from, Ramis Ristmiot Qov/rt. The plaintiffs filed their petition for partition of certain lands of which Lyman Richardson died seized, to wit: The west ■§■, south-east section 36, township 66, range 12; north-east J, south-east \, section 36; south-west J, north-east £, section 36, township 69, range 12, and southwest £, north-west £, section 6, township 68, range 11. Ruth Richardson, widow of Lyman Richardson, answered, claiming -title in fee simple to north-west £, south-east £, section 36, by virtue of a deed from plaintiff, Jane Clark, and the other heirs; also claiming the…
1Opinion of the Court
Day, Ch. J.
The only question presented by the record which it is essential for us to consider is, whether the dower of the widow was, in this ease, the proper subject of partition. If it was not, the court erred in ordering it to be sold and the proceeds thereof invested for her during her life.
It is conceded that, at the time of the death of Lyman. Richardson, the dower interest was a life estate. It is claimed by appellee that, under the provisions of section 3630 of the Revision, this life estate was a mere mcwrnbrcmce upon the property, subject to partition, and that hence the order of…
2Cases cited1 opinion
- Bradshaw v. CallaghanCourt for the Trial of Impeachments and Correction of Errors · 1811
3Cited by10 opinions
- Love v. BlauwSupreme Court of Kansas · 1900
- Smith v. RunnelsSupreme Court of Iowa · 1896
- Henderson v. HendersonSupreme Court of Iowa · 1907
- Shillinglaw v. PetersonSupreme Court of Iowa · 1918
- Traversy v. BellSupreme Court of Iowa · 1923
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