Duncan v. Roselle
Supreme Court of Iowa
Appeal from, Des Moines District Court. In March, 1856, the parties resided in the neighborhood of Piqua, Ohio. About that time the defendants sold a house and lot, which they owned, for $1,100, and after paying some debts which they owed, they removed to Burlington, Iowa, leaving an indebtedness of $200 to the plaintiff unpaid, but upon which he afterwards obtained a judgment against W. M. Roselle, in the District Court of Des Moines County.
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Appeal from, Des Moines District Court. In March, 1856, the parties resided in the neighborhood of Piqua, Ohio. About that time the defendants sold a house and lot, which they owned, for $1,100, and after paying some debts which they owed, they removed to Burlington, Iowa, leaving an indebtedness of $200 to the plaintiff unpaid, but upon which he afterwards obtained a judgment against W. M. Roselle, in the District Court of Des Moines County. In the spring of 1858 Frederick Funk, of Burlington, conveyed the north half of lot seven hundred and sixteen to Lucinda Roselle, for the consideration…
1Opinion of the CourtLowe, J.
Whether the premises in dispute were purchased with the husband’s means, derived from the proceeds of his Ohio property, or with the money of the wife earned as a dressmaker in Burlington, is a question concerning which the evidence is somewhat conflicting, with a preponderance, perhaps, in favor of the latter proposition, yet in respect to which we feel relieved from expressing any positive opinion, because we are constrained to hold that whether the one or the other is so is an immaterial matter in this controversy. The marital rights of the husband and wife, as they exist at common law,…
2Cited by14 opinions
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- Seitz v. MitchellSupreme Court of the United States · 1877
- Mewhirter v. HattenSupreme Court of Iowa · 1875
- Fowler v. DoyleSupreme Court of Iowa · 1864
- Corey v. SmalleyMichigan Supreme Court · 1895
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