Johnson v. Higgins

Ames, C.

There is no substantial dispu' *' about the facts in this case. Johnson, the appellee, was the owner in fee of 387 *36acres, including his family homestead, of lands situated in Cedar county in this state and was also the owner of leases from the state of 520 acres of adjoining’ school lands, hut he was indebted to one Abbott, who held as security an assignment of the leases and also a mortgage on the lands owned in fee. There was, besides, a small judgment against Johnson which would have been a lien upon his lands except for its dormancy. This state of facts was known to A. M., Merrill…