Worthington v. Diffenbach
Supreme Court of Iowa
Appeal from Marion District Court. — Lorin N. Hays, Judge. James M. Worthington made deed to Ms son R. B. WortMngton, in wMch the grant to the son is “during his natural lifetime, with remainder to the heirs of his body,” The covenants of warranty made by the grantor are made with R. B. Worthington and “the heirs of his body.”
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Appeal from Marion District Court. — Lorin N. Hays, Judge. James M. Worthington made deed to Ms son R. B. WortMngton, in wMch the grant to the son is “during his natural lifetime, with remainder to the heirs of his body,” The covenants of warranty made by the grantor are made with R. B. Worthington and “the heirs of his body.” The trial court held that the appellee is the widow of R. B. Worthington, and has dower right in the lands conveyed by this deed, because of the Rule in Shelley’s Case. One Core made deed to R. B. Worthington, conveying to Mm “during his natural lifetime, with remainder…
1Opinion of the CourtSalinger, J.
1. Witnesses: competency: transactions with deceased: proof of marriage. I. It is immaterial whether the Rule in Shelley controls the one deed, and whether the second deed effects a fraud upon dower rights, unless there be competent and sufficient evidence that' appellee is the widow of R. B. Worthington. She has no any land involved in the action, unless she be such widow. Was the evidence of marriage incompetent?
So far as it is material’ here, Section 4604 of the Code provides that no party to an action may, in certain actions,be a witness “in regard to any personal transaction or…
2Cases cited23 opinions
- Berger v. KirbyTexas Supreme Court · 1913
- Edelstein v. J.M. BrownTexas Supreme Court · 1907
- Imboden v. St. Louis Union Trust Co.Missouri Court of Appeals · 1905
- Schwingle v. KeiferTexas Supreme Court · 1913
- Bowman v. LittleCourt of Appeals of Maryland · 1905
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3Cited by6 opinions
- Maasdam v. Estate of MaasdamSupreme Court of Iowa · 1946
- In Re Dearborn's EstateSupreme Court of Oklahoma · 1931
- In Re Long's EstateSupreme Court of Iowa · 1960
- Kent State Savings Bank v. CampbellSupreme Court of Iowa · 1929
- McCreath v. DearbornSupreme Court of Oklahoma · 1931
1 more not listed; retrieve them via the Exa API.