Butler v. Fitzgerald
Nebraska Supreme Court
Appeal from the district court of Lancaster county. Heard below before Tibbets, J. The sheriff's sale was an alienation within the meaning of section 7, chapter 23, Compiled Statutes. (Smith v. Addle-man, 5 Blackf. [Ind.], 407 ; Powell v. Monson & Brim-field Mfg. Go., 3 Mason [U. S.], 374; Wood v. Morgan, 56 Ala., 397; Price v. Hobbs, 47 Md., 359.) And the value at the time of such alienation should be the basis of computing the dower interest.
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Appeal from the district court of Lancaster county. Heard below before Tibbets, J. The sheriff's sale was an alienation within the meaning of section 7, chapter 23, Compiled Statutes. (Smith v. Addle-man, 5 Blackf. [Ind.], 407 ; Powell v. Monson & Brim-field Mfg. Go., 3 Mason [U. S.], 374; Wood v. Morgan, 56 Ala., 397; Price v. Hobbs, 47 Md., 359.) And the value at the time of such alienation should be the basis of computing the dower interest. (Guerin v. Moore, 25 Minn., 462; Walker v. Schuyler, 10 Wend. [N. Y.], 480; Dorchester v. Coventry, 11 Johns. [N. Y.], 510; Humphrey v.. Phinney, 2…
1Opinion of the Court
Ragan, C.
It appears from a stipulation of the parties to this suit in the record that the material facts in this case are that Lydia Butler and David Butler were husband and wife, and resided as such in this state from the year 1866 until David Butler’s death, in May, 1891, and that Lydia Butler still resides in this state; that on the 6th of October, 1879, David Butler was the owner in fee-simple of certain real estate, which on said day was levied upon by an execution issued on a judgment obtained against David Butler alone and sold to satisfy such judgment; that John Fitzgerald became the…
2Cases cited12 opinions
- Summers v. BabbIllinois Supreme Court · 1851
- Barker v. ParkerMassachusetts Supreme Judicial Court · 1822
- Price v. HobbsCourt of Appeals of Maryland · 1877
- Mark v. MurphyIndiana Supreme Court · 1881
- McClanahan v. PorterSupreme Court of Missouri · 1847
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3Cited by23 opinions
- Estate of Helen M. Johnson, Deceased, Lolita McNeill Muhm, Independent v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1983
- Hayes v. BarringerCourt of Appeals for the Eighth Circuit · 1909
- Wylie v. CharltonNebraska Supreme Court · 1895
- Peterborough Savings Bank v. PierceNebraska Supreme Court · 1898
- Pinkham v. PinkhamNebraska Supreme Court · 1898
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