Harper v. Kissick
Supreme Court of Iowa
Appeal from Mahaska District Cou David Pettitt died at Oslraloosa, Iowa, in the year 1866, leaving Rebecca Pettitt, his widow, and two daughters, Mary, aged about twenty years, and Helen, aged about sixteen years. Shortly after his death his widow, Rebecca Pettitt, was appointed administratrix of his estate. At the time of his death he owned in fee a homestead consisting of two city lots, with a large dwelling-house and appurtenances situated thereon.
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Appeal from Mahaska District Cou David Pettitt died at Oslraloosa, Iowa, in the year 1866, leaving Rebecca Pettitt, his widow, and two daughters, Mary, aged about twenty years, and Helen, aged about sixteen years. Shortly after his death his widow, Rebecca Pettitt, was appointed administratrix of his estate. At the time of his death he owned in fee a homestead consisting of two city lots, with a large dwelling-house and appurtenances situated thereon. He also owned another lot upon which was a dwelling-house, and an undivided interest in a certain lot upon which there there were business…
1Opinion of the Court
Rotiiiiock,. J.
— 1. Objection was made to the report of the referee in the court below upon the ground that he was not sworn as required by law. The objection is also urged in this court.
It appears from the record that the proper oath was administered to him on the 12th day of December, 1877, and that his report was filed three days afterwards. It í s urged that there was not sufficient time between the taking of the oath, and the filing of the report for a proper consideration of the case. Upon the hearing- of the motion to set aside the report, one of the counsel for appellee made an…
2Cases cited3 opinions
- Scully v. Scully'sSupreme Court of Iowa · 1870
- Rogers v. MillardSupreme Court of Iowa · 1876
- Tucke v. BuchholzSupreme Court of Iowa · 1876
3Cited by4 opinions
- Tank v. RohwederSupreme Court of Iowa · 1896
- Peterson v. JohnsonSupreme Court of Iowa · 1927
- Eighmy v. BrockSupreme Court of Iowa · 1905
- McConkey v. PendletonSupreme Court of Iowa · 1912