Blair v. Wilson
Supreme Court of Iowa
Appeal from Madison District Court. The essential facts in this ease, and about which, there is no dispute, are as follows: Alexander Blair was seized in fee of about 210 acres of land. On the 2d day of December, 1874, he executed and delivered to Martha Blair, his wife, a deed for eighty acres of said land, to have and to hold the same daring her natural life.
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Appeal from Madison District Court. The essential facts in this ease, and about which, there is no dispute, are as follows: Alexander Blair was seized in fee of about 210 acres of land. On the 2d day of December, 1874, he executed and delivered to Martha Blair, his wife, a deed for eighty acres of said land, to have and to hold the same daring her natural life. The conveyance expressed a consideration of two thousand dollars, and is in the ordinary form of a warranty deed, excepting that it conveyed a life estate only. The dwelling house of the parties to the conveyance was situated on fchep…
1Opinion of the CourtRothrock, J.
l dowbe • interest1?!1 husband. I. In Metteer v. Wiley, 34 Iowa, 214, and in Potter v. Worley, ante, 66, it was held that where a liusband devised his real estate to his widow during her natural life, such devise was not inconsistent the dower right of the widow, in the land devised. So in the case at bar, the acceptance by the wife of the conveyance of a life estate in eighty acres of land is not inconsistent with her right to dower in the whole premises.
But it is claimed in behalf of appellees that the widow elected to take the homestead in lieu of dower. It is true, shS remained in…
2Cases cited2 opinions
- Butterfield v. WicksSupreme Court of Iowa · 1876
- Metteer v. WileySupreme Court of Iowa · 1872
3Cited by10 opinions
- Reichard v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1942
- Van Veen v. Van VeenSupreme Court of Iowa · 1931
- Mack v. ProctorSupreme Court of Iowa · 1897
- Archer v. BarnesSupreme Court of Iowa · 1910
- Thorpe v. LyonesSupreme Court of Iowa · 1913
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