Lucas v. Purdy
Supreme Court of Iowa
Appeal from Tama District Court. — Hon. C. B. Bradshaw, Judge. The plaintiff was married to Edward W. Lucas in 1852, with, whom she lived as wife until his death December 17, 1900. He had entered thirty acres of land from the United States by original entry November 2, 1853, and it was sold by the county treasurer October 5, 1868, for the taxes of the previous year, and a tax deed issued to S. M. Beeson, who has since deceased, and under whose will the defendant acquired…
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Appeal from Tama District Court. — Hon. C. B. Bradshaw, Judge. The plaintiff was married to Edward W. Lucas in 1852, with, whom she lived as wife until his death December 17, 1900. He had entered thirty acres of land from the United States by original entry November 2, 1853, and it was sold by the county treasurer October 5, 1868, for the taxes of the previous year, and a tax deed issued to S. M. Beeson, who has since deceased, and under whose will the defendant acquired whatever title Beeson took under the tax deed. To the petition, stating these facts and that the inchoate dower interest in…
1Opinion of the CourtLadd, J.
The sole question presented is whether a valid tax deed of land belonging to a husband, executed by the county treasurer in pursuance of the statutes of this State, divests the wife’s inchoate right of dower therein. Section 3366 of the Code provides that: “One-third in value of all the legal or equitable estates in real property possessed by the husband at any time during the marriage, which have not been sold on execution or other judicial sale, and to which the wife had made no relinquishment of her right, shall be set apart as her property in fee simple, if she survive him. The same share…
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