Legal Opinion

Moore v. Kent

Supreme Court of Iowa

Decided June 15, 1873PublishedCited by 10 opinions

Appeal from Woodbury District Oou/rt. Thursday, June 19. The plaintiff, in her petition, states that in June, 1859, she was married to Marshall F. Moore, who died in February, 1870; that said Marshall F. Moore, at the time of said marriage and during the time of their coverture, was seized of a certain parcel of ground in Woodbury county, Iowa, being 22 feet front and 100 feet deep, and being immediately north of the south half of lot nine in block five in Sioux City east…

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Appeal from Woodbury District Oou/rt. Thursday, June 19. The plaintiff, in her petition, states that in June, 1859, she was married to Marshall F. Moore, who died in February, 1870; that said Marshall F. Moore, at the time of said marriage and during the time of their coverture, was seized of a certain parcel of ground in Woodbury county, Iowa, being 22 feet front and 100 feet deep, and being immediately north of the south half of lot nine in block five in Sioux City east addition; that the defendant is in possession of said parcel of land, and claims to own the same in fee simple under and…

1Opinion of the CourtMiller, J.

The petition states that the plaintiff’s husband was the owner of the land, and that he conveyed it to John Currier on the 10th day of August, 1859. At this time the act of 1853 (ch. 61, acts of Fourth General Assembly) was in force, which provided that “ one-third in value of all the real estate in which the husband at any time during the marriage had a legal or equitable interest, and to which the wife has made no relinquishment of her rights, shall, under the direction of the court, be set apart by the executor as her property in dower upon the death of the husband if she survive him. Said…

2Cases cited3 opinions

  1. Strong v. ClemIndiana Supreme Court · 1859
  2. Lucas v. SawyerSupreme Court of Iowa · 1864
  3. Gerrard v. JohnsonIndiana Supreme Court · 1859

3Cited by10 opinions

  1. Rausch v. MooreSupreme Court of Iowa · 1878
  2. Chicago, St. Louis & Pittsburgh Railroad v. ButlerIndiana Court of Appeals · 1894
  3. Kendall v. KendallSupreme Court of Iowa · 1876
  4. Colburn v. AddisonSupreme Court of Iowa · 1919
  5. Purcell v. LangSupreme Court of Iowa · 1896

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