Lucas v. Whitacre
Supreme Court of Iowa
Appeal from Muscatine District Court. — HoN. Jaihes W. BolliNGee aNdHoN. P. B. Wolee, Judges. The plaintiff was married to Edward W. Lucas September 29, 1852, and lived with him as his wife until his death, which occurred December 17, 1900. On July 28, 1853, he and one Gilman Folsom acquired in severalty thirty-nine acres of land in Muscatine county. She alleges .her ownership of an undivided one-third of one-half thereof, and prays that title thereto be confirmed in her.
Read the full summary
Appeal from Muscatine District Court. — HoN. Jaihes W. BolliNGee aNdHoN. P. B. Wolee, Judges. The plaintiff was married to Edward W. Lucas September 29, 1852, and lived with him as his wife until his death, which occurred December 17, 1900. On July 28, 1853, he and one Gilman Folsom acquired in severalty thirty-nine acres of land in Muscatine county. She alleges .her ownership of an undivided one-third of one-half thereof, and prays that title thereto be confirmed in her. The defendant, in the first division of his answer, denied the ownership alleged, and in the second and third divisions…
1Opinion of the CourtLadd, J.
i. adverse interest: limitation. Lucas was seised of an undivided one-half interest in the land, and lost title thereto through adverse possession. All this happened when husband of the plaintiff. Was she divested by such adverse of her inchoate interest therein, or is she entitled to a widow’s distributive share in the property? Our Code (section 3366) provides that: “One-third in value of all the legal or equitable estates in real property possessed by the husband at any time during the marriage, which have not been sold on execution or other judicial sale, and to which the wife has made no…
2Cases cited12 opinions
- Ely v. New Mexico & Arizona RailroadSupreme Court of the United States · 1889
- Heeser v. MillerCalifornia Supreme Court · 1888
- Flynn v. FlynnMassachusetts Supreme Judicial Court · 1898
- Buzick v. BuzickSupreme Court of Iowa · 1876
- Comm'rs of Saline County v. YoungSupreme Court of Kansas · 1877
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Lucas v. PurdySupreme Court of Iowa · 1909
- Rook v. . HortonSupreme Court of North Carolina · 1925
- Wallace v. WallaceSupreme Court of Iowa · 1908
- Cummings v. SchreurMichigan Supreme Court · 1926
- Hyatt v. O'ConnellSupreme Court of Iowa · 1906