Legal Opinion

Mallory v. Russell

Supreme Court of Iowa

Decided March 4, 1887PublishedCited by 7 opinions

Appeal from Des Moines Circuit Court. This action involves a controversy as to the right of the defendant Cornelia Thayer to a dower interest in certain real estate owned by the plaintiff. The cause was submitted to the court below upon an agreed statement of facts, and it was held that the plaintiff owned the land free and clear of any claim for dower. Defendant appeals.

1Opinion of the CourtRothrock, J.

The defendant Cornelia Thayer is the widow of N. Thayer, deceased. In the month of September, 1871, said N. Thayer and one J. M. Forbes entered into a written contract, of which the following is a copy:

“By this agreement the undersigned, Jno. M. Forbes arid Nathaniel Thayer, of Boston, Massachusetts, have formed an association for the purpose of buying and selling land in the state of Iowa, and principally on the line of the branch of the Burlington & Missouri River Railroad. This association shall be called the ‘ Russell Trust.’ Each subscriber agrees *64to pay over to the agent of said…

2Cases cited1 opinion

Hewitt v. RankinSupreme Court of Iowa · 1875

3Cited by7 opinions

Kountze v. SmithTexas Supreme Court · 1940
Young v. ThrasherSupreme Court of Missouri · 1893
Barton v. WamsleySupreme Court of Iowa · 1922
Sagendorph v. LutzMichigan Supreme Court · 1938
Hughes v. AllenSupreme Court of Vermont · 1894

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