Dunn v. Portsmouth Savings Bank
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — Hon. N. W. Macy, Judge. In 1841 the plaintiff was married to Stephen Dunn, who died in December, 1887, seized of the legal title to certain lots in Council Bluffs, Iowa, and she brings this suit, 'averring that, as widow, she owns the undivided one-third of said lots, and asks that 'her title therein be quieted against the defendant bank, which she avers claims some interest therein.
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Appeal from Pottawattamie District Court. — Hon. N. W. Macy, Judge. In 1841 the plaintiff was married to Stephen Dunn, who died in December, 1887, seized of the legal title to certain lots in Council Bluffs, Iowa, and she brings this suit, 'averring that, as widow, she owns the undivided one-third of said lots, and asks that 'her title therein be quieted against the defendant bank, which she avers claims some interest therein. It is made to appear that there were born to plaintiff and Stephen Dunn several children, of whom John, Stephen and Almira survive; that plaintiff and Stephen Dunn were…
1Opinion of the CourtGn anger, J.
I. We do not think that appellant seriously contends that plaintiff is not the widow of Stephen Dunn, deceased, and entitled to a distributive share in' his real estate. The only escape from such a conclusion is that they had 'been divorced, and no such claim is made in argument. In fact, the contrary quite clearly appears. It affirmatively appears that plaintiff never obtained a divorce, and has no knowledge of her husband doing so. Besides, it appears that Dunn, when he married Mary Carson', made no pretense of a divorce, but represented that he understood his wife to be dead, that she had…
2Cited by4 opinions
- Casley v. MitchellSupreme Court of Iowa · 1903
- Groesbeck v. GroesbeckOregon Supreme Court · 1907
- Shaw v. SaxmanCourt of Appeals for the D.C. Circuit · 1917
- Muller v. ThomannNew Jersey Court of Chancery · 1929