Bradshaw v. Hurst
Supreme Court of Iowa
Appeal from Jefferson Circuit Court. The petition states the plaintiff is administrator of the estate of L. Hurst, and that the personal property is insufficient to pay the indebtedness. The relief asked is an order empowering the plaintiff to sell certain real estate, which it is claimed belonged to the said Hurst at his death. The defendants are heirs at law of the deceased and state in the answer that Margaret Hurst was the wife of L. Hurst.
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Appeal from Jefferson Circuit Court. The petition states the plaintiff is administrator of the estate of L. Hurst, and that the personal property is insufficient to pay the indebtedness. The relief asked is an order empowering the plaintiff to sell certain real estate, which it is claimed belonged to the said Hurst at his death. The defendants are heirs at law of the deceased and state in the answer that Margaret Hurst was the wife of L. Hurst. That she died before he did and that she was the owner in fee simple of said real estate; that the same was her homestead at her death, and that said…
1Opinion of the Court
Seevers, Ch. J.
1. homeporary abandonment: evidence of. In substance but a single question is presented by counsel for determination, and that is whether there was an abandonment of the homestead. The evidence is not before us. We therefore are bound by ^ J the facts found. The facts bearing on the question above stated are:
“L. Hurst and wife, Margaret, left their homestead, described in the application herein, on the —th day of September, 1877, for a temporary absence, and after a few week’s traveling, kept house and abode in Parsons, in the State of Kansas, until they both died, the doctor…
2Cases cited1 opinion
- Burdick v. KentSupreme Court of Iowa · 1879
3Cited by15 opinions
- Robinson v. CharletonSupreme Court of Iowa · 1897
- Boot v. BrewsterSupreme Court of Iowa · 1888
- In Re Estate of McClainSupreme Court of Iowa · 1935
- Durland v. SeilerNebraska Supreme Court · 1889
- Rand Lumber Co. v. AtkinsSupreme Court of Iowa · 1902
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