55 Iowa 392 | Iowa | 1880
Lead Opinion
less, upon Wilson v. Hardesty, 48 Iowa, 515. The heirs question the correctness of the decision.
No sum as her proportionate share could have been fixed, the payment of which would have had the effect to discharge her land while any part of the mortgage debt remained unpaid. Possibly, if the pleadings had raised the question as to what sum paid by the widow should be deemed her share as between her and the heirs, the court should have determined it. But the pleadings being silent in regard to it, we cannot say that the court erred. On both appeals, the judgment is
Affirmed.
Dissenting Opinion
dissenting. — I cannot concur in the conclusions announced in the last point of the foregoing opinion. My views upon the question involved are expressed in my dissenting opinion in Trowbridge, Ex'r, v. Sypher et al., supra.