Size v. Size
Supreme Court of Iowa
Appeal from Linn District Court. Homestead: partition oe, etc. — In September, 1862, Koswell Size died intestate, seized of the forty acres of land in controversy. He left a widow and four children. The land now in question was the homestead, the title to which was in the said Koswell. The plaintiff is one of the children, and has attained his majority, and in this suit demands partition of the land.
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Appeal from Linn District Court. Homestead: partition oe, etc. — In September, 1862, Koswell Size died intestate, seized of the forty acres of land in controversy. He left a widow and four children. The land now in question was the homestead, the title to which was in the said Koswell. The plaintiff is one of the children, and has attained his majority, and in this suit demands partition of the land. The widow, since intermarried, is made defendant; also Edward Lytle and the other heirs of the said Koswell, some of whom are minors. The answer of the widow states, that the land of which…
1Opinion of the Court
Dillon, Cb. J.
The legal title to the homestead descended to the heirs at law, subject to the widow’s homestead and dower rights. The nature of these rights is discussed, and to some extent adjudicated, in Meyer v. Meyer, 23 Iowa, 539. And see also Burns v. Keas, 21 Iowa, 257.
The widow here claimed, that she was invested with the fee, and undertook to convey accordingly. That in such a case she does not take the fee, and of course cannot convey it, is decided by the cases just cited. The conveyance to Lytle may be operative so far as the widow’s dower third is concerned; but it will not invest…
2Cases cited2 opinions
- Burns v. KeasSupreme Court of Iowa · 1866
- Young v. BroadbentSupreme Court of Iowa · 1867
3Cited by2 opinions
- Fore v. Estate of ForeNorth Dakota Supreme Court · 1891
- Johnson v. GaylordSupreme Court of Iowa · 1875