Floyd v. Mosier
Supreme Court of Iowa
Appeal from the Davis District Court. A-bbAHAH Eloyd died, leaving the plaintiff as his widow^ with her family, in .possession of a tract of land, which she, •as his surviving widow and head of the family, continued to occupy and possess as tbe homestead farm. Whether it exceeded forty acres, is not shown. A portion of this tract she rented to the defendant. This suit was brought for an alleged breach of that contract.
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Appeal from the Davis District Court. A-bbAHAH Eloyd died, leaving the plaintiff as his widow^ with her family, in .possession of a tract of land, which she, •as his surviving widow and head of the family, continued to occupy and possess as tbe homestead farm. Whether it exceeded forty acres, is not shown. A portion of this tract she rented to the defendant. This suit was brought for an alleged breach of that contract. On the trial, the plaintiff introduced two of her children, heirs of the said decedent, to sustain her cause of action. It appears that said witnesses resided with their…
1Opinion of the CourtWright, C. J.
The record discloses no sufficient cause for reversing this judgment. By the Code, upon the death of the husband or wife, the survivor has a right to continue to possess and occupy the whole homestead, until it is otherwise disposed of, according to law. If there is no such survivor, then it descends, in the absence of a will, to the issue, according to the general rules of descent. If no such survivor or issue, it is liable to be sold for the payment of debts. Subject to the rights of the surviving husband or wife, it may be devised, like other real estate. When there is such surviving…
2Cited by6 opinions
- Fore v. Estate of ForeNorth Dakota Supreme Court · 1891
- Dickson v. ChornSupreme Court of Iowa · 1858
- Howell v. BushMississippi Supreme Court · 1877
- Sharp v. BaileySupreme Court of Iowa · 1862
- Fehd v. City of OskaloosaSupreme Court of Iowa · 1908
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