Legal Opinion

Smallwood v. Moore

Court of Appeals for the Eighth Circuit

Decided April 23, 1915No. 142PublishedCited by 1 opinion

Petition to Revise Order of District Court of the United States for the Southern District of Iowa; Smith McPherson, Judge. In the matter of Thomas Moore. On petition by Charles W. Small-wood, trustee in bankruptcy, to revise an order in favor of George Moore and others respecting an interest in land.

1Opinion of the Court

SANBORN, Circuit Judge.

This case comes by a petition to revise an order of the court of bankruptcy, and it presents a single question: Did Thomas Moore by his deed of February 20, 1913, elect to take his distributive share in the 110 acres of land in Iowa of which his wife died seised, so that he thereby estopped himself from electing and holding his homestead right in the 40 acres thereof on which he had lived for years, and on which he was living with his two unmarried sons when he was adjudged a bankrupt on April 9, 1913 ?

[1] Under the laws of Iowa the husband of a wife who dies intestate…

2Cases cited2 opinions

  1. In re the Estate of FeasWashington Supreme Court · 1902
  2. Green v. RootDistrict Court, S.D. Iowa · 1893

3Cited by1 opinion

  1. Moorhouse v. CrewCourt of Appeals of Texas · 1954

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