Legal Opinion

Young v. Tucker

Supreme Court of Iowa

Decided October 22, 1874PublishedCited by 10 opinions

Appeal from Greene District Court. In equity. The petition alleges that the petitioner, Sarah, is the widow of William S. Jones, who died in.1855, seized of 400 acres of land and left surviving him three heirs, Geraldine, Joseph and Huldah; that she became entitled to dower in said'land to the extent of one-third thereof for life; that in 1856 Huldah died unmarried-, and her interest descended to the plaintiff, Sarah, for life, remainder in fee to the surviving heirs, and…

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Appeal from Greene District Court. In equity. The petition alleges that the petitioner, Sarah, is the widow of William S. Jones, who died in.1855, seized of 400 acres of land and left surviving him three heirs, Geraldine, Joseph and Huldah; that she became entitled to dower in said'land to the extent of one-third thereof for life; that in 1856 Huldah died unmarried-, and her interest descended to the plaintiff, Sarah, for life, remainder in fee to the surviving heirs, and that in 1866 Joseph died unmarried and his interest descended to Sarah for life and remainder in fee to Geraldine. Ib 1865…

1Opinion of the CourtBeck, J.

i. i-katjd : partition • equity. ' cannot be doubted that the decree of partition, upon the report of the referees as amended by the court, confirming the interests of the different parties as therein declared, failed to give plaintiff, Sarah, her full interest and right in the land as settled by the interlocutory order and admitted by the petition of Tucker. She was, as is shown by the proceedings, originally entitled to dower in all the lands, being a life estate in one-third in value of the same. She subsequently acquired the interest of two of the heirs, which was the fee simple title to…

2Cases cited2 opinions

  1. Hoskins v. HattenbackSupreme Court of Iowa · 1862
  2. Bowen v. Troy Portable Mill Co.Supreme Court of Iowa · 1871

3Cited by10 opinions

  1. Shaw v. AddisonSupreme Court of Iowa · 1945
  2. Lumpkin v. SnookSupreme Court of Iowa · 1884
  3. Faiver v. GillmanSupreme Court of Iowa · 1892
  4. McConkey v. LambSupreme Court of Iowa · 1887
  5. Doyle v. DuganSupreme Court of Iowa · 1940

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