Stephens v. Hay
Supreme Court of Iowa
Appeal from Sac District Court. — Hon. Gteorge W. Paine, Judge. Action in equity, for the partition of real estate. A demurrer to the petition was sustained, and, the plaintiffs refusing to plead further, judgment was rendered in'favor of the defendants. The plaintiff, W, B, R. Stephens, appeals.
1DissentDeemer, J.
Charles Hay died, intestate, November IB, 1888. After his death, his widow continued to use and occupy the homestead, as such, until the commencement of this suit. Administration was granted on the estate of the deceased, February 27, 1889, and the administrator was discharged in April, 1891. The widow made her conveyance to plaintiff, March 6, 1894, more than five years after the death of her husband, and four years after the appointment of the administrator. No explanation is given for the continued use and occupancy of the homestead by the widow, and no reason is offered why it should not…
2Cases cited14 opinions
- Meyer v. MeyerSupreme Court of Iowa · 1867
- Butterfield v. WicksSupreme Court of Iowa · 1876
- Thomas v. ThomasSupreme Court of Iowa · 1887
- Egbert v. EgbertSupreme Court of Iowa · 1892
- Bradshaw v. HurstSupreme Court of Iowa · 1882
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