Hopkins v. Grimes
Supreme Court of Iowa
Appeal from Des Moines District Court. Action of right to recover the undivided three-fourths of the fractional northwest quarter of section nine, township sixty-nine, north of range two, west. Both parties claim through Enoch Wade, the plaintiffs as heirs-at-law, the defendants as purchasers from the executors under the will. Judgment for defendants and plaintiffs appeal.
Read the full summary
Appeal from Des Moines District Court. Action of right to recover the undivided three-fourths of the fractional northwest quarter of section nine, township sixty-nine, north of range two, west. Both parties claim through Enoch Wade, the plaintiffs as heirs-at-law, the defendants as purchasers from the executors under the will. Judgment for defendants and plaintiffs appeal. In the trial below, after plaintiffs had rested their case, defendants proposed to introduce the will, and to show that in his lifetime the testator treated and considered the land in controversy as a part of his homestead;…
1Opinion of the CourtLowe, J.
Tbe heirsbip of tbe plaintiffs,— tbeir title by descent,— and tbeir right to recover tbe property in controversy, are conceded, unless tbe executors were authorized by tbe terms of tbe will, to sell tbe same.
Upon tbe contingency that tbe testator’s widow should intermarry, tbe executors were directed to sell tbe homestead of the deceased. This contingency occurred, and tbe executors sold what they understood to be tbe homestead, including tbe land in dispute, and tbe defendants title is regularly derived from such sale. If this tract, therefore, tbe title to which is tbe subject of this suit,…
2Cited by11 opinions
- Flynn v. HolmanSupreme Court of Iowa · 1903
- Pellizzarro v. ReppertSupreme Court of Iowa · 1891
- Pilmer v. Branch of State BankSupreme Court of Iowa · 1864
- Benkert v. JacobySupreme Court of Iowa · 1873
- Ault v. HillyardSupreme Court of Iowa · 1908
6 more not listed; retrieve them via the Exa API.