Burke v. Barron
Supreme Court of Iowa
Appeal from the Scott District Court. Dower. The land in which dower is claimed, was located by virtue of a military land warrant, issued by the United States to Ora M. Burke, the husband of the plaintiff. This warrant was sent from Ohio to J. W. McCaddon, of Johnson county, Iowa, by one Easton, with directions to sell it. It was not assigned, and was not, by the law in force at the time, assignable.
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Appeal from the Scott District Court. Dower. The land in which dower is claimed, was located by virtue of a military land warrant, issued by the United States to Ora M. Burke, the husband of the plaintiff. This warrant was sent from Ohio to J. W. McCaddon, of Johnson county, Iowa, by one Easton, with directions to sell it. It was not assigned, and was not, by the law in force at the time, assignable. McCaddon sold it to Barron, on a credit, and located it for him on the land in question, in which dower is claimed, in the name of Burke, the warrantee, with the understanding that Easton, should…
1Opinion of the CourtStockton, J.
I. If there was any testimony going to show that Burke, in his lifetime, had parted with his interest in the land warrant, we should be inclined to hold, that after its location in his name, the plaintiff was not entitled, as his widow, to dower in the land. But there is no testimony on the subject. ITow the warrant came into the possession of Easton, is not shown. His possession of it, is not sufficient to show title to it, when the title did not pass by mere delivery. Holland v. Hensley, 4 Iowa, 222. Any presumption of property in Easton, arising from his possession, is rebutted by the fact…
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- Jackson v. EdwardsCourt for the Trial of Impeachments and Correction of Errors · 1839
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3Cited by7 opinions
- Lucas v. SawyerSupreme Court of Iowa · 1864
- Van Veen v. Van VeenSupreme Court of Iowa · 1931
- In Re Estate of Aaron CulbertsonSupreme Court of Iowa · 1927
- Sawyer v. BiggartSupreme Court of Iowa · 1901
- Purcell v. LangSupreme Court of Iowa · 1896
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