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64 Iowa 155

Beck v. Beck

Supreme Court of Iowa

Decided June 11, 1884

Supreme Court of Iowa · decided 1884-06-11

This is an action in equity, by which the plaintiff • seeks to protect a right of dower and homestead, to which she alleges she is entitled in certain real estate. There was a demurrer to the petition, which was sustained, and the plaintiff appeals.

Decided 1884-06-11

¶1Adams, J.

¶2dissenting. It is undoubtedly true that the plaintiff’s husband might have made a valid gift of the proceeds of the former farm, and the plaintiff would be remediless. But this is not what he did. He purchased another farm with the proceeds, and thereby became the owner, and the plaintiff became dowable in the same; but to defraud her he caused the title to be taken in the name of a son by a former marriage. According to the allegations of the petition, the husband is still the equitable owner. Fie might, of course, for any good reason, make his son trustee of the legal title, but he should not do it to defraud his wife. Having done it, I think that a court of equity should relieve her and furnish her protection. I think that the case falls within the principle of Buzick v. Buzick.

Mr. Justice Beck concurs in this dissent.
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