Legal Opinion

Lash v. Lash

Supreme Court of Iowa

Decided October 24, 1881PublishedCited by 12 opinions

Appeal from Woodbury Circuit Court. The plaintiff Thomas B. Lash, claims to be the owner of an undivided three-fourths of certain land in Woodbury county, and brings this action to quiet his title to the same. The defendants for answer admit that he is the owner of an undivided fraction of the premises, but they deny that his fraction amounts to three-fourtlis.

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Appeal from Woodbury Circuit Court. The plaintiff Thomas B. Lash, claims to be the owner of an undivided three-fourths of certain land in Woodbury county, and brings this action to quiet his title to the same. The defendants for answer admit that he is the owner of an undivided fraction of the premises, but they deny that his fraction amounts to three-fourtlis. The defendant William A. Lash, and certain other defendants filed a cross-petition in which they claim to be the owners jointly of an undivided half of the premises, and ask that their title be quieted to the same. The defendant F. 0.…

1Opinion of the Court

Adams, Ch. J.

1. descent -. inheritance: will. The question presented calls for the construction of the statute pertaining to the descent of real property. All the parties claim through Isreal G. Lash, who died in 1878, intestate, without wife or issue, and seized of the property in controversy. His parents were Christian and Anna Lash, both of whom died before him.

Where a person dies intestate without issue and both parents are dead, the portion which would have fallen to their share if they had been living, shall be disposed of in the same mauner as if they had out-lived the intestate and…

2Cases cited1 opinion

  1. Moore v. WeaverSupreme Court of Iowa · 1881

3Cited by12 opinions

  1. Application of the State to Subject Property of Said Estate to a Collateral Inheritance Tax v. KilerSupreme Court of Iowa · 1903
  2. Wilcke v. WilckeSupreme Court of Iowa · 1897
  3. Lawley v. KeyesSupreme Court of Iowa · 1915
  4. Meier v. LeeSupreme Court of Iowa · 1898
  5. Estate of Parker v. ParkerSupreme Court of Iowa · 1896

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