Dalton v. Dalton

*3921. Descent and distribution: homestead incumbrance payable from general assets. *391James Dalton died intestate, October 24,1914, seized of a house and. lot in Le Mars and a farm in Cherokee County. A widow, Margaret, and nine children sur*392vived him. Suit in partition was begun by the children other than Helen, who was the only child by the surviving' widow, and, in answer filed, the widow pleaded that the house and lot constituted the homestead of herself and decedent; that it was acquired subject to a mortgage of $2,000, which had not been satisfied; that the property of the estate, other than…