Langworthy v. Heeb
Supreme Court of Iowa
Appeal from Dubuque Circuit Court. Action to recover dower in certain property in the city of Dubuque. The property in question was formerly owned by the plaintiff’s husband, now deceased. Previous to its sale by the United States he had, or claimed to have, a pre-emption right to the same.
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Appeal from Dubuque Circuit Court. Action to recover dower in certain property in the city of Dubuque. The property in question was formerly owned by the plaintiff’s husband, now deceased. Previous to its sale by the United States he had, or claimed to have, a pre-emption right to the same. While holding, or claiming to hold, such pre-emption right, he sold'his interest in the property for the consideration of $4-00 to one Gehrig, and executed to him a bond reciting that he had sold the property to Gehrig, and reciting also that the title to the property was still in the United States, and…
1Opinion of the CourtAdams, J.
i.dower;preemptiouright
The plaintiff had no dower right in the preemption right held by her husband. Bowers v. Keesecker, 14 Iowa, 301. Did she become dowable in the interesj; wbicli her husband acquired by his purchase? She did not if her husband acquired the title in trust for Gehrig. In that event her husband acquired no beneficial interest in the property, and it is only in such interest that a right of dower could be acquired. Had the plaintiff’s husband, for a valuable consideration, agreed with Gehrig to purchase for him and convey to him, there could be no doubt but that he would have…
2Cases cited1 opinion
- Bowers v. KeeseckerSupreme Court of Iowa · 1862
3Cited by4 opinions
- Johnston v. JicklingSupreme Court of Iowa · 1909
- Sullivan v. SullivanSupreme Court of Iowa · 1908
- McNeil v. McNeilUtah Supreme Court · 1922
- Fleming v. FlemingSupreme Court of Iowa · 1919