Slemmer v. Crampton
Supreme Court of Iowa
Appeal from Bremer District Court. Action to foreclose a mortgage. The answer admits the allegations of the petition, but it is stated therein that Maria, A. Crampton, whose name before her marriage was Maria A. Avery, and by whom the mortgage was executed, only had a life estate in the mortgaged premises, and the court was asked to provide in the decree that such life estate only-should be sold. Such a decree was entered and the plaintiff appeals.
1Opinion of the CourtSeevers, J.
l. will : devise of life estate, Whatever title Maria A. Avery had was derived through the will of George W. Avery, her father. It provides: “I give and bequeath unto my beloved danghter, Maria A. Avery, to be used, occupied, and enjoyed by her after she becomes of the age of legal majority, during her natural life only, the following lands: * * .* *- * and it is my further will that after the death of my daughter Maria said lands and lot shall go to the heirs of her body fee (free) and clear of all liens and incumbrances thereon. ”
It is insisted the said Maria under the will took a fee…
2Cited by6 opinions
- Wescott v. BinfordSupreme Court of Iowa · 1898
- Kiene v. GmehleSupreme Court of Iowa · 1892
- Zavitz v. PrestonSupreme Court of Iowa · 1895
- Biddle v. WorthingtonSupreme Court of Iowa · 1933
- Burges v. ThompsonSupreme Court of Rhode Island · 1882
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