Legal Opinion

Spargur v. Hall

Supreme Court of Iowa

Decided December 13, 1883PublishedCited by 19 opinions

Appeal from Montgomery Circuit Court. B. W. Spabgub died intestate in tbe year 1880. He was tbe owner of a residence in tbe village of Yillisca, and of a farm in that vicinity. Mary Spargur was bis widow, and •entitled to one-tbird of bis real estate.' After bis death sbe •continued to occupy tbe residence in tbe village, and Sarab M. Hall, a daughter, with her family, also occupied tbe residence, under a contract to board her mother for a certain compensation.

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Appeal from Montgomery Circuit Court. B. W. Spabgub died intestate in tbe year 1880. He was tbe owner of a residence in tbe village of Yillisca, and of a farm in that vicinity. Mary Spargur was bis widow, and •entitled to one-tbird of bis real estate.' After bis death sbe •continued to occupy tbe residence in tbe village, and Sarab M. Hall, a daughter, with her family, also occupied tbe residence, under a contract to board her mother for a certain compensation. Mary Spargur died in February, 1881, and some seventeen days before her death sbe executed to Sarab Hall a note for $800, and a…

1Opinion of the CourtRothrock, J.

Mary Spargur was in her seventy-third year at the time of her death. The following extract from the finding of facts by the referee is fully supported by the evidence: “At the time of the execution of the note, the said Mary Spargur was old and in feeble health. She was suffering with rheumatism, and had been afflicted for nearly forty years with a female complaint. Her husband died nearly a year previous, after having lived many years with said Mary Spargur; that during his lifetime he transacted all the business; that she had very little knowledge of business matters; that after her…

2Cases cited1 opinion

  1. Leighton v. OrrSupreme Court of Iowa · 1876

3Cited by19 opinions

  1. Curtis v. ArmagastSupreme Court of Iowa · 1912
  2. Merritt v. EasterlySupreme Court of Iowa · 1939
  3. Fischer v. SperlSupreme Court of Minnesota · 1905
  4. Sullivan ex rel. Orton v. KenneySupreme Court of Iowa · 1910
  5. Stephenson v. StephensonSupreme Court of Iowa · 1956

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