Legal Opinion

Briggs v. Briggs

Supreme Court of Iowa

Decided December 16, 1876PublishedCited by 6 opinions

Appeal from Johnson Circuit Court. On the 29th day of October, 1875, the plaintiff filed her petition, alleging, in substance, that in 1854 she became the wife of Henry G. Douglass, who, in the year 1858, became the owner of a certain eighty acres of real estate, which he and his family, until his death, in 1863, occupied as a homestead,, but such homestead ivas never platted and recorded; that the defendants, Anna L. and Joseph W. Douglass, are children of plaintiff and…

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Appeal from Johnson Circuit Court. On the 29th day of October, 1875, the plaintiff filed her petition, alleging, in substance, that in 1854 she became the wife of Henry G. Douglass, who, in the year 1858, became the owner of a certain eighty acres of real estate, which he and his family, until his death, in 1863, occupied as a homestead,, but such homestead ivas never platted and recorded; that the defendants, Anna L. and Joseph W. Douglass, are children of plaintiff and Henry 0. Douglass; that since the death of her husband, plaintiff, except for one year of temporary absence, has resided on…

1Opinion of the CourtDay, J.

i. home-of^eélení6:6 ment. 311(18 The only question involved in the record is whether the interest set apart in fee, to the plaintiff, is liable ' to the judgment which the Singer. Manufacturing Company recovered against her. The plaintiff’s husband died seized of eighty acres of land. It does not appear that the value of the property was such that more than forty acres of it could be held as a homestead. Upon the death of her husband, the plaintiff acquired the right to possess and occupy the whole homestead. Code, § 2007. ' She also had the right, at her option, to have the one-third part…

2Cases cited1 opinion

  1. Meyer v. MeyerSupreme Court of Iowa · 1867

3Cited by6 opinions

  1. Coleman v. BosworthSupreme Court of Iowa · 1917
  2. Benjamin v. DoerscherSupreme Court of Iowa · 1898
  3. Keane v. United Guaranty Indemnity Co. (In re Keane)District Court, N.D. Iowa · 1980
  4. Nye v. WallikerSupreme Court of Iowa · 1877
  5. American National Bank v. WetherellSupreme Court of Iowa · 1924

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