Holmes v. Holmes
Supreme Court of Minnesota
Appeal by plaintiff,'Mina L. Holmes, from a judgment of tbe District Court of Steele County, Thomas S. Buckham, J., entered February 13, 1893, granting ber a divorce, but refusing to assign dower to ber in tbe same action. .1878 G-. S. cb. 62, § 24, provides that when a divorce is ordered for tbe cause of adultery committed by tbe busband, the wife shall be entitled to ber dower in bis lands, in tbe same manner as if he were dead.
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Appeal by plaintiff,'Mina L. Holmes, from a judgment of tbe District Court of Steele County, Thomas S. Buckham, J., entered February 13, 1893, granting ber a divorce, but refusing to assign dower to ber in tbe same action. .1878 G-. S. cb. 62, § 24, provides that when a divorce is ordered for tbe cause of adultery committed by tbe busband, the wife shall be entitled to ber dower in bis lands, in tbe same manner as if he were dead. Tbe word dower in this section must be considered to mean a life estate in tbe homestead of tbe busband and an estate in fee in one-third of bis other lands; for…
1Opinion of the CourtVanderburgh, J.
■ The plaintiff’s cause of action is for a divorce on tbe ground of tbe adultery of tbe defendant. In her co'm-*354plaint sbe demands that sbe be adjudged to have ber dower in defendant’s lands as if be were dead, and under tbis relief sbe claims to be entitled to- bold tbe homestead of defendant for life, and an equal undivided third of all other lands of which be was during coverture seised, and to be allowed alimony. Tbe court adjudged tbe plaintiff entitled to a divorce on tbe ground stated, and awarded alimony, but refused dower, or tbe provision in lieu of dower, provided for by tbe present…
2Cases cited6 opinions
- Noel v. EwingIndiana Supreme Court · 1857
- Beard v. KnoxCalifornia Supreme Court · 1855
- In re the Estate of GotzianSupreme Court of Minnesota · 1885
- Dayton v. CorserSupreme Court of Minnesota · 1892
- McGowan v. BaldwinSupreme Court of Minnesota · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Griswold v. McGeeSupreme Court of Minnesota · 1907
- Holmes v. HolmesSupreme Court of Minnesota · 1903
- Graves v. MitchellWisconsin Supreme Court · 1895
- Keith v. MellenthinSupreme Court of Minnesota · 1904
- Heckman's EstateSupreme Court of Pennsylvania · 1930
2 more not listed; retrieve them via the Exa API.