Drummond v. Irish
Supreme Court of Iowa
Appeal from Van Bu/ren Circuit Court. The plaintiff and defendant are the administrators of the estate of John Drummond, deceased. This action was commenced by the plaintiff to recover certain personal property of tlie estate which bad been set off to her as the widow of said Drummond, by tlie appraisers appointed by the court to appraise the property of said estate.
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Appeal from Van Bu/ren Circuit Court. The plaintiff and defendant are the administrators of the estate of John Drummond, deceased. This action was commenced by the plaintiff to recover certain personal property of tlie estate which bad been set off to her as the widow of said Drummond, by tlie appraisers appointed by the court to appraise the property of said estate. She averred that the defendant ■wrongfully retained possession of said property so set off to her, because tlie heirs of said estate had served a notice upon defendant to the effect that plaintiff was not tlie lawful widow of…
1Opinion of the CourtRothrock, J.
1. marriage: when void: annulment. I. It appears from the evidence, and an agreement made by the parties, that plaintiff was married in due form to one W. P. Eaton, prior to her mar-riage with John Drummond, and that at the time of her marriage with Drummond, Eaton wTas still living, and that he and the plaintiff had not been divorced, nor the bonds of matrimony existing between them severed by any judicial or other legal jmocceding, and said Eaton is still living, and still undivorced from plaintiff. It further appears that at the time of the marriage of plaintiff with said Eaton, he had a…
2Cases cited1 opinion
- Carpenter v. SmithSupreme Court of Iowa · 1868
3Cited by12 opinions
- Cartwright v. McGownIllinois Supreme Court · 1887
- Scott v. ScottNebraska Supreme Court · 1951
- Irving v. IrvingSupreme Court of Georgia · 1921
- Wittick v. WittickSupreme Court of Iowa · 1914
- Brett v. BrettSupreme Court of Iowa · 1921
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