Garvin v. Hatcher
Supreme Court of Iowa
Appeal from Lúeas District Gourt. The petition alleges that plaintiff is the widow of Daniel Garvin, late of the State of Ohio, deceased, and prays for the admeasurement of her dower in certain lands described, situate in Lucas county. It is averred that her deceased husband left surviving him certain heirs, whose interest in the lands is vested in the defendants, except Hatcher, by proceedings in the Court of Probate of the county wherein the lands are situated.
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Appeal from Lúeas District Gourt. The petition alleges that plaintiff is the widow of Daniel Garvin, late of the State of Ohio, deceased, and prays for the admeasurement of her dower in certain lands described, situate in Lucas county. It is averred that her deceased husband left surviving him certain heirs, whose interest in the lands is vested in the defendants, except Hatcher, by proceedings in the Court of Probate of the county wherein the lands are situated. She admits in her petition that she was made a party to this proceeding, and makes further statements in regard to them which need…
1Opinion of the CourtBeck, J.
I. Should we hold that the widow’s dower could 'have been properly assigned, or her rights of dower protected in the proceedings had in the probate court, as set out in the pleadings in this case, a point that we do not decide, yet the refusal of that court to grant the relief must be presumed to have been warranted by the case made by the parties, and that it was made to appear that she was not entitled to dower, or that her dower had been, could, or ought to be assigned in other lands. In such cases the omission of the court to grant the relief would have heen in accord with the law.
And if…
2Cited by4 opinions
- Pennock v. PennockSupreme Court of Iowa · 1904
- Reinsurance Life Co. of America v. HouserSupreme Court of Iowa · 1929
- Metcalf v. BaldwinSupreme Court of Iowa · 1909
- Olmsted v. BlairSupreme Court of Iowa · 1876