Legal Opinion

Becker v. Becker

Supreme Court of Iowa

Decided October 14, 1876PublishedCited by 9 opinions

Appeal from Howard Circuit Court. Replevin for a team of horses. The plaintiff claims title to the property as widow of William II. Becker, deceased, wlio, as she alleges, owned it at the time of his death exempt from debt. The administrator of the estate set apart the property to plaintiff. The defendants, in a joint answer, allege that at the death of William II.

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Appeal from Howard Circuit Court. Replevin for a team of horses. The plaintiff claims title to the property as widow of William II. Becker, deceased, wlio, as she alleges, owned it at the time of his death exempt from debt. The administrator of the estate set apart the property to plaintiff. The defendants, in a joint answer, allege that at the death of William II. Becker the title of the team was in defendant, John Becker, who afterward transferred it to defendant, Salmon, now the owner of the property. There was a verdict and judgment for plaintiff; defendants appeal. The facts of the case…

1Opinion of the CourtBeck, J.

i evidence: instruction. The plaintiff testified that her husband, more than three years prior to his death, bought one of the hoz’ses controversy of defendant, Beckez', giving in payment a town lot. The wife of defendant, Salmon, was introduced as a witness for defendazzts, and was permitted to testify, without objection on the part of plaintiff, to conversations had with deceased in regard to the transaction involved in the action. No steps were taken to exclude her evidence before the cause was submitted to the jury. But by an instruction the court directed the jury that her testiznony was…

2Cases cited1 opinion

  1. State v. PrattSupreme Court of Iowa · 1866

3Cited by9 opinions

  1. Henderson v. ColemanWyoming Supreme Court · 1911
  2. Paine v. St. Paul Union Stockyards Co.Court of Appeals for the Eighth Circuit · 1928
  3. Central Copper Co. v. KlefischArizona Supreme Court · 1928
  4. State v. LavinSupreme Court of Iowa · 1890
  5. Warder, Bushnell & Glessner Co. v. IngliSouth Dakota Supreme Court · 1890

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