Ash v. Ash
Supreme Court of Iowa
Appeal from Buena Vista District Court. — Hon. Lot Thomas, Judge. This is a suit in equity for the partition of certain real estate. There was an issue made as to the extent of the interests of the respective parties to the land which is the subject of the suit. The court entered a decree fixing the shares of the parties in accord with the claim made by the plaintiff. A part of the defendants in the action appealed.
1Opinion of the CourtEothbock, J.
It .appears from the record that one H. C. Ash was at one time the owner of the land in controversy, and that he died seized of the same, leaving Mary A. Ash, his widow, and three children. Mary A. Ash subsequently married E. M. Ash, and afterward died. The contest arises over the. question whether, after the death of H. C. Ash, his widow took a distributive share of his real estate, or a homestead therein. The court found that she did not elect to take a homestead interest in the land, and that the shares of the parties should be adjusted and fixed on the theory that she took a distributive…
2Cases cited3 opinions
- Hunt v. HawleySupreme Court of Iowa · 1886
- Laprell v. JaroshSupreme Court of Iowa · 1891
- Michel v. MichelSupreme Court of Iowa · 1888
3Cited by13 opinions
- Lippold v. LippoldSupreme Court of Iowa · 1900
- Coggon State Bank v. WoodsSupreme Court of Iowa · 1931
- Fairchild v. PlankSupreme Court of Iowa · 1920
- Oskaloosa Savings Bank v. MillerSupreme Court of Iowa · 1920
- Midwestern Realty Co. v. City of Des MoinesSupreme Court of Iowa · 1930
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