Johnston v. Jickling
Supreme Court of Iowa
Appeal from Madison District Gourt. — Hon. Edmund Niohols, Judge. Suit in equity to establish, set aside and quiet in plaintiff her title to one-third of certain lands described in the petitions. Plaintiff bases her claim upon the fact that she is the widow of J. II. Johnston, deceased, who died December 27, 1904, that Johnston at one time owned the lands in controversy, and that she, plaintiff, never relinquished her dower interest therein.
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Appeal from Madison District Gourt. — Hon. Edmund Niohols, Judge. Suit in equity to establish, set aside and quiet in plaintiff her title to one-third of certain lands described in the petitions. Plaintiff bases her claim upon the fact that she is the widow of J. II. Johnston, deceased, who died December 27, 1904, that Johnston at one time owned the lands in controversy, and that she, plaintiff, never relinquished her dower interest therein. Various issues were tendered by defendants to some of which we shall refer during the course of the opinion; and upon trial to the court a decree was…
1Opinion of the Court
Deemer, J. —
J. H. Johnston, now deceased and some time plaintiff’s husband, held the legal title to the land in controversy. He individually conveyed these lands to the defendants herein or their grantors; his wife not joining in the conveyances either to release her dower or otherwise. J. H. Johnston died December 27, 1904, leaving plaintiff and a daughter Winnie surviving. Plaintiff claims that, as his widow, she is entitled to one-third of the lands of which he was possessed, and to which she had made no relinquishment of her dower. If the facts above recited were all there is of the case,…
2Cases cited12 opinions
- Hays v. RegerIndiana Supreme Court · 1885
- Bork v. . MartinNew York Court of Appeals · 1892
- Karr v. WashburnWisconsin Supreme Court · 1882
- Merchant v. O'RourkeSupreme Court of Iowa · 1900
- Simpson v. SimpsonSupreme Court of Iowa · 1894
7 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Des Moines Terminal Co. v. Des Moines Union Ry. Co.Court of Appeals for the Eighth Circuit · 1931
- Currier v. ClarkSupreme Court of Iowa · 1910
- Ratigan v. RatiganSupreme Court of Iowa · 1917
- Pap v. PapSupreme Court of Iowa · 1955
- Butler v. ButlerSupreme Court of Iowa · 1962
15 more not listed; retrieve them via the Exa API.