Wilson v. Hardesty
Supreme Court of Iowa
Appeal from Jasper Circuit Court. R. J. Hardesty, deceased, was the owner of eighty acres of land, upon which he resided as his home. Esther A. E. Hardesty is his widow, and, since the death of her husband, she has continued to reside upon and occupy the homestead. Prior to the death of her husband, he and his said wife executed a mortgage upon all of said land, for the sum of seven hundred dollars, and interest.
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Appeal from Jasper Circuit Court. R. J. Hardesty, deceased, was the owner of eighty acres of land, upon which he resided as his home. Esther A. E. Hardesty is his widow, and, since the death of her husband, she has continued to reside upon and occupy the homestead. Prior to the death of her husband, he and his said wife executed a mortgage upon all of said land, for the sum of seven hundred dollars, and interest. Plaintiff, as executor of the estate of R. J. Hardesty, commenced this proceeding to sell the real estate of the deceased, to pay debts, and asked that the widow be compelled to…
1Opinion of the Court
Rothrock, Ch. J.
1. homestead: gage. Appellant claims “that she is entitled to have her interest in the real estate set off to her so as to include the ordinary dwelling-house given by law to the homestead, free from the mortgage debt, *517provided the remainder of the xeaNv4-H-e-l-iit-dfld^j.ri-tbp. mortgage is sufficient to discharge it.” It is claimed by the appellee, ancTwas held by the court below, that, as appell«3&elected to take her distributive share as provided by law, she abandoned all other rights in the real estate, and takes the one-third, subject to the proper proportion of the…
2Cases cited1 opinion
- Meyer v. MeyerSupreme Court of Iowa · 1867
3Cited by9 opinions
- Bissell v. BissellSupreme Court of Iowa · 1903
- Trowbridge v. SypherSupreme Court of Iowa · 1880
- Coleman v. BosworthSupreme Court of Iowa · 1917
- In re the Estate of LundSupreme Court of Iowa · 1899
- McGlothlen v. HiteSupreme Court of Iowa · 1880
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