Egbert v. Egbert
Supreme Court of Iowa
Appeal from Clayton District Court. — Hon. W. A. Hoyt, Judge. Action in equity for the partition of certain real estate. There was a decree as prayed by the plaintiffs, from which the defendant, Raymond Egbert, by his guardian ad litems appeals. The widow had the right to occupy and possess the homestead until it was otherwise disposed of according to law. Code, section 2007. She was not entitled to both homestead and dower.
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Appeal from Clayton District Court. — Hon. W. A. Hoyt, Judge. Action in equity for the partition of certain real estate. There was a decree as prayed by the plaintiffs, from which the defendant, Raymond Egbert, by his guardian ad litems appeals. The widow had the right to occupy and possess the homestead until it was otherwise disposed of according to law. Code, section 2007. She was not entitled to both homestead and dower. Meyer v. Meyer, 23 Iowa, 359; Butterfield v. Wicks, 44 Iowa, 310; Stevens v. Stevens, 50 Iowa, 491. Therefore she could not hold the homestead during her life, and at her…
1Opinion of the CourtGiven, J.
The questions presented arise out of the following facts: Elmer Egbert died October 26, 1886, seized of a certain farm worth about twenty thousand dollars, and certain lots, with a dwelling-house thereon, in the town of Monona,, worth seven hundred dollars. Eor many years prior to April, 1886, Mr. Egbert and his family had resided on the farm. In March, 1886, he purchased the house and lots, and moved thereto in April, having rented the farm to his son for one year. Mr. and Mrs. Egbert, with their *530family, occupied the house and lots up to the time of his death, and Mrs. Egbert and family…
2Cases cited5 opinions
- Thomas v. ThomasSupreme Court of Iowa · 1887
- McDonald v. McDonaldSupreme Court of Iowa · 1888
- Burdick v. KentSupreme Court of Iowa · 1879
- Mobley v. MobleySupreme Court of Iowa · 1887
- Cunningham v. GambleSupreme Court of Iowa · 1881
3Cited by18 opinions
- Shelangowski v. SchrackSupreme Court of Iowa · 1913
- Zwick v. JohnsSupreme Court of Iowa · 1893
- McDonald v. YoungSupreme Court of Iowa · 1899
- Bosworth v. BlaineSupreme Court of Iowa · 1915
- Crouse v. CrouseSupreme Court of Iowa · 1935
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