Ellis v. Ellis
Supreme Court of Iowa
Appeal from Lin/n District Cou/rt. The plaintiff claims sbe was married to Myron Ellis,' deceased, in 1862; that defendant is administratrix of his estate and falsely claims to be his widow and refuses to recogthe plaintiff as such. This proceeding was commenced in probate and the relief ashed is that the court decree and declare the plaintiff to be the widow of the said Myron.
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Appeal from Lin/n District Cou/rt. The plaintiff claims sbe was married to Myron Ellis,' deceased, in 1862; that defendant is administratrix of his estate and falsely claims to be his widow and refuses to recogthe plaintiff as such. This proceeding was commenced in probate and the relief ashed is that the court decree and declare the plaintiff to be the widow of the said Myron. The defendant denied the allegations of the plaintiff’s petition, and alleged she was lawfully married to said Myron Ellis in 1878, and that she is the widow of said Ellis. Trial to the court, finding and judgment for…
1Opinion of the Court
Seeyers, Ch. J.
The plaintiff and Myron Ellis deceased were duly married in Perth, Canada, in 1862. They cohabited together as husband and wife for about three years when they separated and she went to Smith’s Falls, Canada, *721to her parents, and he came west. There is no evidence tending to show any cause for the separation other than a desire to change their place of residence. After leaving Canada, Myron Ellis resided for a time in Illinois and afterward in Iowa, where he died. It may be he resided for a short time at St. Joseph, Missouri.
About the year 1871 the said Myron and Jennie Meader…
2Cases cited1 opinion
- Blanchard v. LambertSupreme Court of Iowa · 1876
3Cited by17 opinions
- Maier v. BrockSupreme Court of Missouri · 1909
- Bowman v. LittleCourt of Appeals of Maryland · 1905
- Fuquay v. StateSupreme Court of Alabama · 1927
- Smith v. FullerSupreme Court of Iowa · 1908
- Tuttle v. RaishSupreme Court of Iowa · 1902
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