Rice v. Rice
Supreme Court of Iowa
Appeal from Mahaska District Gourt. — Hon. B. W. Preston and Hon. W. Gf. Clements, Judges. Suit in equity for the partition of four hundred and sixty-four acres of land. There was a decree from which plaintiffs appeal.
1DissentDeemer, C. J.
(dissenting).. — -As I understand, the majority opinion holds that the widow is not required to take the dwelling house which is situated upon the ' two-hundred and forty-four-acre tract of land; but that she is required to tqke her distributive share out of the tvyo *10hundred and forty-four acres, thus relieving the one hundred and fifty-nine acres of any burden; and that by reason of the warranty deeds executed by the testator, his. wife not joining therein, the grantees therein should not be held to contribute toward her distributive share taken out of the two hundred and forty-four acres.…
2Cases cited8 opinions
- O'Ferrall v. SimplotSupreme Court of Iowa · 1857
- Hall v. HallSupreme Court of Iowa · 1907
- McGuire v. LuckeySupreme Court of Iowa · 1906
- Morey v. MoreySupreme Court of Iowa · 1901
- Montgomery v. HornSupreme Court of Iowa · 1877
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