Legal Opinion

Olmsted v. Blair

Supreme Court of Iowa

Decided December 7, 1876PublishedCited by 2 opinions

Appeal from Harrison Circuit Court. The plaintiff claims in this action to recover her dower interest in certain lands. Her husband in 1861 died seized of the real estate in controversy, and the petition alleges that her dower therein has not been assigned, and she has not relinquished her rights thereto. Other matters set up in the petition need not be stated.

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Appeal from Harrison Circuit Court. The plaintiff claims in this action to recover her dower interest in certain lands. Her husband in 1861 died seized of the real estate in controversy, and the petition alleges that her dower therein has not been assigned, and she has not relinquished her rights thereto. Other matters set up in the petition need not be stated. The answer shows that plaintiff’s husband, at the time of his death, was indebted beyond the value of his personal property, and that the administrator of his estate instituted proceedings in the proper court of probate for the sale of…

1Opinion of the CourtBeck, J.

í boto: resadjudi-ty: eata. Two defenses to the action are pleaded in the answer of defendants. They are these: 1. A former adjudication upon the rights of plaintiff set up in her petition, adverse to her claim to the lands. 2. The bar 0f statute of limitations. The demurrer admits the facts well pleaded whereon these defenses are based. ' If either of the defenses are sufficient in law, the demurrer to the answer was properly sustained. In our judgment the first must be so held. It is unnecessary to hold the second good in order to sustain the rulings of the court below. It will not,…

2Cases cited2 opinions

  1. Mock v. WatsonSupreme Court of Iowa · 1875
  2. Garvin v. HatcherSupreme Court of Iowa · 1874

3Cited by2 opinions

  1. Pennock v. PennockSupreme Court of Iowa · 1904
  2. Metcalf v. BaldwinSupreme Court of Iowa · 1909

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