Blanchard v. Lambert
Supreme Court of Iowa
Appeal from Fremont Circuit Court. At the April term, 1873, of the Fremont Circuit Court the plaintiff filed her petition, alleging that she 'is the lawful widow of I. D. Blanchard, deceased; that he died seized of certain lands described, and asking that commissioners be appointed to admeasure her dower therein.
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Appeal from Fremont Circuit Court. At the April term, 1873, of the Fremont Circuit Court the plaintiff filed her petition, alleging that she 'is the lawful widow of I. D. Blanchard, deceased; that he died seized of certain lands described, and asking that commissioners be appointed to admeasure her dower therein. The defendants, McKinney Lambert, executor, and the heirs-at-law of said estate, filed their answer, in substance alleging that plaintiff was never legally married to said deceased; that at the date of her said alleged marriage she was legally incompetent to contract marriage, being…
1Opinion of the CourtDay, J.
The evidence shows the following state of facts: The plaintiff’s name was formerly Mrs. E. K. Lord. On the *22924th day of May, 1857, in Hardin county, Ohio, she married Horatio N. Musgrave, and soon thereafter moved with him to Indiana, and cohabited with him as his wife about one year. They both returned to Ohio about the same time and lived in the same county, but not as man and wife. Some years before plaintiff left Ohio, it was reported that Musgrave was married and he lived with a woman as his wife. Plaintiff lived near by and knew these facts.
In March, 1867, plaintiff, under the name of E.…
2Cases cited3 opinions
- Carroll v. CarrollTexas Supreme Court · 1858
- Yates v. HoustonTexas Supreme Court · 1848
- Lockhart v. WhiteTexas Supreme Court · 1856
3Cited by52 opinions
- Cartwright v. McGownIllinois Supreme Court · 1887
- Williams v. WilliamsWisconsin Supreme Court · 1885
- Leach v. HallSupreme Court of Iowa · 1895
- Adger v. AckermanCourt of Appeals for the Eighth Circuit · 1902
- Franklin v. LeeIndiana Court of Appeals · 1901
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