127 Iowa 77 | Iowa | 1905
The award of alimony made by the court was in the sum of $213 payable at once, and the sum of $180 per year thereafter, payable semiannually during the continuance of the present relationship. There was included an allowance for attorney’s fees and expenses of litigation. Appellant complains of the award as excessive. We think his complaint is without merit. The court gave to plaintiff the custody of her child, and certainly the amount of the award will be no more than sufficient to enable her to properly clothe, maintain and educate her minor child, to say nothing respecting the support of herself.
II. The foregoing considerations dispose of the appeal of the defendant Hugh L. Walker, and we may now take up the questions presented by the appeal of Juliette W. Walker and her codefendant Mrs. D. E. Bowen. The primary facts involved may be stated as follows: Defendant Hugh L. Walker is the son and only child of J. D. Walker, now deceased, and defendant Juliette W. Walker. J. D. Walker died in the year 1900, intestate, and seised of three several tracts of land in Cass county — one of 5, one of 40, and one of 80 acres. Juliette W. Walker was appointed administratrix of the estate of her husband, and, in the course of the settlement thereof, she procured an order of court authorizing her to sell the lands in question, excepting her dower interest therein, to pay debts. Subsequently she sold such lands at private sale to her code-fendant Mrs. Bowen, and the sale was approved by the court. About a year later Mrs. Bowen reconveyed to Mrs. Walker all the lands so purchased by her. It is the contention of plaintiff that upon the death of J. D. Walker a corrupt and
The decree of the court below established a lien in favor of plaintiff upon the undivided two-thirds of the several tracts — as to the eighty-acre tract, such lien to' be subject to two-thirds the mortgage incumbrance resting thereon; as to the forty-acre tract, the lien to be subject to one-third the mortgage incumbrance resting thereon. Of this, as already
We conclude that the decree was right in all respects, and as to each of the several appeals it is affirmed. The costs will be taxed to the appellants, as designated in the title above. — Affirmed.