Legal Opinion

Blake v. Blake

Supreme Court of Iowa

Decided October 20, 1858PublishedCited by 30 opinions

Appeal from the Dubuque District Court. In Chancery. The bill recites that petitioner was married to William Blake, the brother of respondent, on the 25th of February, 1828 ; that they then resided in Ireland, and that said William there left her, and came to Iowa, about the year 1830. It is also averred that William died in May, 1855; that petitioner came to Iowa to reside in July, 1852; that at his death he owned a large amount of real and personal property; that said…

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Appeal from the Dubuque District Court. In Chancery. The bill recites that petitioner was married to William Blake, the brother of respondent, on the 25th of February, 1828 ; that they then resided in Ireland, and that said William there left her, and came to Iowa, about the year 1830. It is also averred that William died in May, 1855; that petitioner came to Iowa to reside in July, 1852; that at his death he owned a large amount of real and personal property; that said respondent claims to own and control the same, by virtue of a will alleged to have been made by William, a short time before…

1Opinion of the Court

Wrigiit, C. J,

Complainant insists that her demurrer should have been sustained: First. Because the decree of divorce is void, the district court of Jackson county not having jurisdiction, so as to hear, try and determine the case; and, second, That whatever effect the mortgage and contract referred to in said answer, might otherwise have, they are void, and have no effect: 1. Because they were made between husband and wife; and, 2. For a want of consideration. Other points are made, to which we may refer, but the foregoing embrace substantially, the main positions assumed by appellant. We…

2Cases cited2 opinions

  1. Bradish v. GibbsNew York Court of Chancery · 1818
  2. McCrory v. FosterSupreme Court of Iowa · 1855

3Cited by30 opinions

  1. Jones v. CrosthwaiteSupreme Court of Iowa · 1864
  2. Harlan v. HarlanSupreme Court of Iowa · 1897
  3. Ogden v. WaltersSupreme Court of Kansas · 1873
  4. Wilson v. WilsonSupreme Court of Iowa · 1875
  5. Logan v. HallSupreme Court of Iowa · 1865

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