Starry v. Starry
Supreme Court of Iowa
Appeal from, Jones District Court. Dower : statute oe limitations. — Tbe plaintiff is the widow of'Alexander Starry, wbo died, intestate in March, 1852, leaving seven children his heirs at law. In the following August one of these children (Lucinda) died unmarried, without issue and intestate. The other six children survive, and' are the defendants. The said Alexander died seized of certain lands, in the possession of which the plaintiff, his widow, has ever since been.
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Appeal from, Jones District Court. Dower : statute oe limitations. — Tbe plaintiff is the widow of'Alexander Starry, wbo died, intestate in March, 1852, leaving seven children his heirs at law. In the following August one of these children (Lucinda) died unmarried, without issue and intestate. The other six children survive, and' are the defendants. The said Alexander died seized of certain lands, in the possession of which the plaintiff, his widow, has ever since been. The present suit was commenced in the District Court, November 25, I860, more than ten years after the death of the said…
1Opinion of the CourtDillon, J.
J. Statute tjons?ita' dower. I. At the time of the death of the husband, in 1852, the law (Code of 1851, § 1394) entitled the plaintiff “ to one-third in value ” of his real estate, to be set apart as “her property in fee simple.” c0111.£ gaye an(J ft> this she Was entitled, unless her claim is barred by section 2428 of the Eevision quoted in' the statement (Code of 1851, § 1397), or by the general statute of limitations.. As more than ten years had elapsed, this section would bar her from proceeding in the County Court to have her dower admeasured to her by or under the direction of that…
2Cases cited4 opinions
- McCraney v. McCraneySupreme Court of Iowa · 1857
- Phares v. WaltersSupreme Court of Iowa · 1858
- Sterritt v. RobinsonSupreme Court of Iowa · 1864
- Waples v. MarshSupreme Court of Iowa · 1865
3Cited by8 opinions
- Shawhan v. LofferSupreme Court of Iowa · 1868
- Rice v. NelsonSupreme Court of Iowa · 1869
- Thomas v. ThomasSupreme Court of Iowa · 1887
- Jones v. JonesWisconsin Supreme Court · 1888
- Wold v. BerkholtzSupreme Court of Iowa · 1898
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