Herr v. Herr
Supreme Court of Iowa
Appeal from Cedar District Court. — Hon. J. H. Preston, Judge. This is an action for the partition of certain real estate, and to cancel a mortgage upon the same, executed to the defendant, William King, by Margaret Herr, now deceased. • There was a decree providing for the partition of the property as prayed, but it was held by the district court that the mortgage of King was a valid lien upon the land. The plaintiffs appeal—
1Opinion of the CourtBothrock, J.
Christian Herr was the father of the plaintiffs. He died on the eleventh day of March, 1881, seized of the land in controversy. About a year before he died he made his last will and testament. After his death the will was duly admitted to probate, and, as the questions involved in this appeal arise upon the provisions of the will, we will set out so much of said instrument as will be necessary to a fair understanding of the matters in contention between the appellants and the appellees. The testator disposed of his estate as follows:
Second. “I give, devise, and bequeath to my wife, Margaret…
2Cases cited7 opinions
- Daugherty v. DaughertySupreme Court of Iowa · 1886
- Huston v. SeeleySupreme Court of Iowa · 1869
- Corriell v. HamSupreme Court of Iowa · 1856
- Clark v. GriffithSupreme Court of Iowa · 1857
- Sully v. NebergallSupreme Court of Iowa · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Mohn v. MohnSupreme Court of Iowa · 1910
- Hook v. Garfield Coal Co.Supreme Court of Iowa · 1900
- Van Veen v. Van VeenSupreme Court of Iowa · 1931
- In re Estate of StevensSupreme Court of Iowa · 1913
- Archer v. BarnesSupreme Court of Iowa · 1910
8 more not listed; retrieve them via the Exa API.