Nicholas v. Purczell
Supreme Court of Iowa
Appeal from Louisa, District Court. ■ This is a proceeding for the partition of certain real estate formerly belonging to John Nicholas, now deceased, he having died without issue. The plaintiffs are the brothers and only heirs at law of said John 'Nicholas, deceased. The defendant, Matilda Purczell, is his widow, and Thomas Purczell is her second husband. The defendant,, Matilda, claims forty acres of the land sought to be partitioned, as her homestead.
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Appeal from Louisa, District Court. ■ This is a proceeding for the partition of certain real estate formerly belonging to John Nicholas, now deceased, he having died without issue. The plaintiffs are the brothers and only heirs at law of said John 'Nicholas, deceased. The defendant, Matilda Purczell, is his widow, and Thomas Purczell is her second husband. The defendant,, Matilda, claims forty acres of the land sought to be partitioned, as her homestead. It is shown that it was used by her first husband, John Nicholas, and herself, as a homestead for five years prior .to his decease; and by…
1Opinion of the CourtCole, J.
1. dower: wiie' This is not a proceeding for the assignment of dower, and it is not necessary for us to consider the various statutes in relation to dower, in order to determine this case. The plaintiffs, in their petition, set forth that they, as brothers of John Nicholas, are entitled .to one-half .of his real- estate, and that the defendant, Matilda, as his widow, is entitled to the other half, he having died without issue. That they have not misapprehended the law, in this particular, to their prejudice, is decided in Burns et al. v. Keas et al., ante.
2 homecupaucy by suiviyoi. Our…
2Cited by14 opinions
- Meyer v. MeyerSupreme Court of Iowa · 1867
- Fore v. Estate of ForeNorth Dakota Supreme Court · 1891
- Johnson v. GaylordSupreme Court of Iowa · 1875
- Johnston v. TurnerSupreme Court of Arkansas · 1874
- McMinimee v. McMinimeeSupreme Court of Iowa · 1947
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