Snyder v. Richey
Supreme Court of Iowa
Appeal from, Buena Vista District Court. — Hon. A. D. Bailie, Judge. Action for partition of real estate of which Mrs. Mary L. Richey died seised, situated in Buena Vista county. The decedent was at the time of her death a resident of California, and there has been administration on her estate in that state.
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Appeal from, Buena Vista District Court. — Hon. A. D. Bailie, Judge. Action for partition of real estate of which Mrs. Mary L. Richey died seised, situated in Buena Vista county. The decedent was at the time of her death a resident of California, and there has been administration on her estate in that state. It is conceded that the personal property in California is sufficient to satisfy the unsecured debts7^~The real estate 'tcTH'e*partitioned in this suit is subject to mortgages. executed by decedent prior to her marriage to defendant, Nathaniel Richey. The decedent left no direct heirs.…
1Opinion of the CourtMcClain, J.
The question presented has not been directly adjudicated by this court. It is this: In the partition of land between a surviving spouse and the heirs of the deceased spouse is the survivor entitled to have mortgage indebtedness^ which was secured upon the property prior to the marriage, satisfied out of the two-thirds share, which is to be distributed among the heirs, leaving the dower interest of the survivor free from liability for such mortgage indebtedness, providing the remaining two-thirds going to the heirs is sufficient to satisfy such indebtedness ?
1. Appeal:dismissal: second appeal.…
2Cases cited12 opinions
- Stutsman v. SharplessSupreme Court of Iowa · 1904
- Hawley v. BradfordNew York Court of Chancery · 1841
- Mock v. WatsonSupreme Court of Iowa · 1875
- Groendyke v. MusgraveSupreme Court of Iowa · 1904
- Kendall v. KendallSupreme Court of Iowa · 1876
7 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Wyoming Hereford Ranch v. Hammond Packing Co.Wyoming Supreme Court · 1924
- Haynes v. RolstinSupreme Court of Iowa · 1914
- State Ex Rel. Fletcher v. Southern Surety Co.Supreme Court of Iowa · 1937
- Doonan v. City of WintersetSupreme Court of Iowa · 1937