Jacobs v. Jacobs
Supreme Court of Iowa
Appeal from Keohuh District Court. The plaintiffs, who are the chilch’en of Austin Jacobs, deceased, bring this action for the partition of certain real estate of which the said Austin Jacobs died seized, alleging that said decedent and Anna Jacobs, his widow, prior to their marriage entered into an agreement whereby the said Anna relinquished her right of dower.
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Appeal from Keohuh District Court. The plaintiffs, who are the chilch’en of Austin Jacobs, deceased, bring this action for the partition of certain real estate of which the said Austin Jacobs died seized, alleging that said decedent and Anna Jacobs, his widow, prior to their marriage entered into an agreement whereby the said Anna relinquished her right of dower. The' defendant, Anna Jacobs, denies that she made any relinquishment of her interest in the real estate of her husband, and claims that she is entitled to have set off* to her such portion of the real estate in question as will be…
1Opinion of the CourtDay, J.
1. CONTRACT: construction, The court adopted the proper rules of construction, and correctly construed the contract in question. The whole contract must be considered in determining ^he meaning of any of its parts. The first point is to ascertain what the parties meant, and then to put such construction upon their contract as will bring it as near to their actual meaning as the words they saw fit to employ, when properly construed, and the rules of law will permit. In arriving at this meaning the subject matter of the contract, the situation of the parties and of the property, and the purpose…
2Cases cited3 opinions
- Foley v. McKeeganSupreme Court of Iowa · 1856
- Reynolds v. HindmanSupreme Court of Iowa · 1871
- Field v. SchricherSupreme Court of Iowa · 1862
3Cited by22 opinions
- McNutt v. McNuttIndiana Supreme Court · 1888
- Hafer v. HaferSupreme Court of Kansas · 1885
- Rieger v. SchaibleNebraska Supreme Court · 1908
- Fisher v. KoontzSupreme Court of Iowa · 1899
- Conrad v. StarrSupreme Court of Iowa · 1879
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