Cain v. Milburn
Supreme Court of Iowa
Appeal from Linn District Court. — F. 0. Ellison, Judge. AotioN in equity by the heirs of Christiana Pollock, now deceased, who was divorced by her husband, James Pollock, about 24 years ago, to set aside the decree of divorce. Plaintiffs claim that, because the divorce decree was invalid, their mother, Christiana Pollock, was entitled to her distributive share in the estate of her husband, James, who had predeceased her, and that plaintiffs are entitled to such share.
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Appeal from Linn District Court. — F. 0. Ellison, Judge. AotioN in equity by the heirs of Christiana Pollock, now deceased, who was divorced by her husband, James Pollock, about 24 years ago, to set aside the decree of divorce. Plaintiffs claim that, because the divorce decree was invalid, their mother, Christiana Pollock, was entitled to her distributive share in the estate of her husband, James, who had predeceased her, and that plaintiffs are entitled to such share. They also claim that a deed executed about 25 years ago by James and Christiana to defendant Milburn for a part of the land…
1Opinion of the CourtPreston, J.
The name of L. M. Kratz, administrator, was stricken from the petition, on motion of defendants, as having no interest. We do not understand that any complaint is made of this.
About 1881, the mother of plaintiffs, Christiana Pollock, was married to Alexander Cain. They lived together about 11 months, when she obtained a divorce from Cain, on the ground of cruel and inhuman treatment. The plaintiff Rudie Cain, now about 40 years of age, is a son by this first marriage. The other four plaintiffs are children of Christiana by her second husband, Pollock. Rudie Cain was about 9 months old at the…
2Cases cited18 opinions
- Mohler v. Estate of ShankSupreme Court of Iowa · 1895
- Wood v. WoodSupreme Court of Iowa · 1907
- Lawrence v. NelsonSupreme Court of Iowa · 1901
- Hamilton v. McNeillSupreme Court of Iowa · 1911
- Buchan v. German American Land Co.Supreme Court of Iowa · 1917
13 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Quinn v. QuinnTennessee Supreme Court · 1935
- Bowersock v. BowersockCourt of Appeals of Maryland · 1956
- Cremin v. QuigleySupreme Court of Florida · 1932
- Renner v. BlackSupreme Court of Kansas · 1939