Mathews v. Marsden

HONORABLE FRANK P. LEIPER, District Judge,

sitting in place of MR. JUSTICE' HOLLOWAY, disqualified, delivered the opinion of the court.

This action was instituted for the purpose of° having set aside to respondent, in lieu of dower, one-half of all of the real estate of which John A. Peat died seised, together with one-half of the rents, issues and profits thereof, as provided by section 5821, Revised Codes of 1921. The appellant Henry Thompson alone answered. It is admitted by the pleadings that respondent and John A. Peat intermarried in 1904 and were husband and wife at the time of Peat’s…