Patton v. Loughridge
Supreme Court of Iowa
Appeal from Mahaska Circuit Court, The plaintiff avers in his petition that he was the owner of a certain judgment rendered in favor of bis wife, Josephine Patton; that under the advice and influence of the defendant his wife sold the judgment and took the proceeds. The plaintiff claims the right to recover of the defendant the amount of the judgment thus sold by his wife. Other facts are stated in the opinion. There was a trial by jury, and verdict for the plaintiff.
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Appeal from Mahaska Circuit Court, The plaintiff avers in his petition that he was the owner of a certain judgment rendered in favor of bis wife, Josephine Patton; that under the advice and influence of the defendant his wife sold the judgment and took the proceeds. The plaintiff claims the right to recover of the defendant the amount of the judgment thus sold by his wife. Other facts are stated in the opinion. There was a trial by jury, and verdict for the plaintiff. Defendant appeals.
1Opinion of the CourtAdams, J.
1. res adjudicata: fraud divorce. The defendant claims that the verdict is contrary to the evidence, and we have to say that we think that the position is well taken. The undisputed evidence shows that after the sale of the judgment by the plaintiff’s wife she brought an action against him for divorce, and obtained a decree of divorce and for two hundred dollars alimony. In that action the defendant filed an answer, and set up by way of counter-claim the sale and appropriation of the judgment now in question. It is insisted by this defendant that the claim- now made against him was…
2Cited by10 opinions
- Hubbard v. EllithorpeSupreme Court of Iowa · 1907
- Carr v. CarrSupreme Court of Iowa · 1919
- Baird v. ConnellSupreme Court of Iowa · 1903
- Fitch v. FitchSupreme Court of Iowa · 1940
- Citizens State Bank v. MartensSupreme Court of Iowa · 1927
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