Mohler v. Estate of Shank
Supreme Court of Iowa
Appeal from Montgomery District Court. — Hon. H. M. Towner, Judge. The first of tbe above-entitled actions is a proceeding in probate, by which Mary A. Mohler demands that her dower or distributive share be set off to her, as the widow of Anthony Shank, deceased. The other case is a 'Suit in equity by the heirs of Anthony Shank, and against Mary A. Mohler and others, to quiet the title of said heir$ against any claims of Mary A. Mohler in the estate of said Shank.
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Appeal from Montgomery District Court. — Hon. H. M. Towner, Judge. The first of tbe above-entitled actions is a proceeding in probate, by which Mary A. Mohler demands that her dower or distributive share be set off to her, as the widow of Anthony Shank, deceased. The other case is a 'Suit in equity by the heirs of Anthony Shank, and against Mary A. Mohler and others, to quiet the title of said heir$ against any claims of Mary A. Mohler in the estate of said Shank. Both of said actions were tried by the court. The application for the admeasurement of dower was.sustained, and the petition to…
1Opinion of the CourtBothroek, J.
I. The two canses involve the same questions, and they will be disposed of in one opinion. The facts are not the subject of dispute, and are, in substance, as follows: Anthony Shank and Mary A. Temple (now Mohler) were married on the first day of January, 1865, at the city of Bed Oak, in Montgomery county. They lived together as husband and wife, in said county, until the year 1873, when said Anthony Shank,- upon inquest duly held, was adjudged to be insane, and was placed in the insane hospital at Mt. Pleasant, in this state, where he was under treatment as a patient until the year 1881,…
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