Cunningham v. Gamble
Supreme Court of Iowa
Appeal from, Marion Circuit Cou/rt. Action for rent of a coal mine.. The petition--shows that the plaintiff is the widow of A. 0. Cunningham, deceased, and as such she is in possession of the homestead; that her husband during his life time caused a coal mine to be opened upon the land, and furnished the same with necessary shafts, cars, and machinery; that afterwards he leased the same for a term of years to.the defendant, at the stipulated rent of sixty-five cents for each…
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Appeal from, Marion Circuit Cou/rt. Action for rent of a coal mine.. The petition--shows that the plaintiff is the widow of A. 0. Cunningham, deceased, and as such she is in possession of the homestead; that her husband during his life time caused a coal mine to be opened upon the land, and furnished the same with necessary shafts, cars, and machinery; that afterwards he leased the same for a term of years to.the defendant, at the stipulated rent of sixty-five cents for each hundred bushels of coal that should be dug, not including entry coal; and that there is due as rent the sum of $86.38.…
1Opinion of the Court
Adams, Ch. J.
l home«onYreasonable time. It was held in Butterfield v. Wicks, 44 Iowa, 313, that the occupancy of the homestead may be regarded as an election to hold it as a homestead, and as a waiver of the right of one-third of the entjre real estate in fee-simple, as a distributive share. While this ruling is doubtless correct, occupancy is not necessarily to be regarded as evidence of such election. If it were so, the survivor left in possession of the homestead, but desiring not to waive his or her right to the distributive share, would need to make an election to take such share…
2Cases cited5 opinions
- Butterfield v. WicksSupreme Court of Iowa · 1876
- Coates v. CheeverNew York Supreme Court · 1823
- Chicago & South-western R. R. v. SwinneySupreme Court of Iowa · 1874
- Harkness v. BurtonSupreme Court of Iowa · 1874
- Trulock v. StateSupreme Court of Iowa · 1855
3Cited by5 opinions
- Fore v. Estate of ForeNorth Dakota Supreme Court · 1891
- Stoddard v. KendallSupreme Court of Iowa · 1909
- Egbert v. EgbertSupreme Court of Iowa · 1892
- McMinimee v. McMinimeeSupreme Court of Iowa · 1948
- Stephens v. HaySupreme Court of Iowa · 1896