Richmond v. Tibbles
Supreme Court of Iowa
Appeal from Keolculc District Court. On tbe trial to tbe court, tbe following facts were found: In February, 1865, the defendant Presinda, being then the wife of her co-defendant, William, made her note to Mary Parker, and secured the same by mortgage on certain real estate of which she was the actual owner, and to which she had the title in her own name. The husband did not join in making either the note or mortgage.
Read the full summary
Appeal from Keolculc District Court. On tbe trial to tbe court, tbe following facts were found: In February, 1865, the defendant Presinda, being then the wife of her co-defendant, William, made her note to Mary Parker, and secured the same by mortgage on certain real estate of which she was the actual owner, and to which she had the title in her own name. The husband did not join in making either the note or mortgage. After this, in July, 1865, the defendants sold the land so mortgaged to plaintiff, executing a deed therefor, with full covenants of warranty. In June, 1868, an action was…
1Opinion of the Court
"Weight, J.
The leading, and, indeed, almost sole question in this ease, is, to use the concise language of appellant’s counsel, can a married woman be made liable on her covenants of warranty, in a deed for her own lanpl ? It is agreed that she can not, unless made so by statute. It becomes material, therefore, that we at once ascertain what has been enacted, that we may gather the modifications and changes made upon the common law rule. That they may be better understood, we here give in a condensed form, all the sections, which it is agreed or believed, bear upon the question made
A married…
2Cases cited5 opinions
- Yale v. . DedererNew York Court of Appeals · 1858
- Griffin v. WilcoxIndiana Supreme Court · 1863
- Childs v. McChesneySupreme Court of Iowa · 1866
- Rodemeyer v. RodmanSupreme Court of Iowa · 1858
- Lyon v. MetcalfSupreme Court of Iowa · 1861
3Cited by5 opinions
- Hoffman v. StigersSupreme Court of Iowa · 1869
- Knight v. ThayerMassachusetts Supreme Judicial Court · 1878
- Jones v. City of Des MoinesSupreme Court of Iowa · 1876
- Mitchell v. SmithSupreme Court of Iowa · 1871
- Smith v. Ingram.Supreme Court of North Carolina · 1902