Nye v. Walliker
Supreme Court of Iowa
Appeal from Clinton Circuit Court. The petition states that plaintiff is . the widow of Orville K. Nye, who died in 1868, owning the S, E. ¿ of Sec. 19, T. 82 N., 4 east; that previous to his death and for about five years the homestead of said Orville was on said premises, and that plaintiff has continued to live thereon and occupy the same as her homestead; that the house so occupied as a home is situate on the N. E. J of said S. E. and that the same, in April, 1873, was…
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Appeal from Clinton Circuit Court. The petition states that plaintiff is . the widow of Orville K. Nye, who died in 1868, owning the S, E. ¿ of Sec. 19, T. 82 N., 4 east; that previous to his death and for about five years the homestead of said Orville was on said premises, and that plaintiff has continued to live thereon and occupy the same as her homestead; that the house so occupied as a home is situate on the N. E. J of said S. E. and that the same, in April, 1873, was duly and properly set apart as her dower in the real estate of which her husband died seized; that in 1872 she contracted…
1Opinion of the CourtSeevers, J.
It is established by the evidence: First. That the plaintiff is the widow of .Orville IL Nye, who, for some time previous to his death in 1868, owned the laud described in the petition. Second. That he occupied as his home for about five years a house on the N. E. J of the S. E. J of Sec. 19, T. 82, R. 4, and that plaintiff continued to occupy said house as her home after his death. Third. "While so occupying it she, in 1872, contracted certain debts. Fovn'th. That afterward said N. E. \ of S. E. J was set apart as her dower in the real estate of her deceased husband. Fifth. That neither the…
2Cases cited1 opinion
- Briggs v. BriggsSupreme Court of Iowa · 1876
3Cited by2 opinions
- Coleman v. BosworthSupreme Court of Iowa · 1917
- Commercial Savings Bank v. McLaughlinSupreme Court of Iowa · 1927