Myers v. McHugh
Supreme Court of Iowa
Appeal from Dubuque District Court. The case is this: In April, 1859, plaintiffs sold to the defendant James McHugh, a farm for the sum of $5,250. The release of Jacob’s wife’s dower, not being satisfactory, it was agreed that $750 of the purchase-money should be retained and placed in the hands of Timothy Sullivan, until the dower should be properly released.
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Appeal from Dubuque District Court. The case is this: In April, 1859, plaintiffs sold to the defendant James McHugh, a farm for the sum of $5,250. The release of Jacob’s wife’s dower, not being satisfactory, it was agreed that $750 of the purchase-money should be retained and placed in the hands of Timothy Sullivan, until the dower should be properly released. In August, 1861, this suit was commenced to recover the $750, alleging the relinquishment of said dower through one John W. Findley, the legal sufficiency of which is denied in the answer of McHugh. After this, and while this suit was…
1Opinion of the CourtLowe, J.
Among the several points made by the appellants, two or three are believed to be well put, and must be sustained, namely: the allowance of a hundred dollars to Knapp, Stout & Co., being the amount-paid by them to Mary Ann Myers for the relinquishment of her dower; and secondly, the priority .given in the payment of the claim of said firm over that of O’Neil and Harvey out of the funds set apart for that purpose.
As it respects this latter point, it is sufficient to state that section 2708, Rev. of 1860, gives to attorneys a lien on money due to their client, and in the hands of the adverse…
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- Smith v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1881
- Montgomery v. GibbsSupreme Court of Iowa · 1875
- Finken v. Douglas J. W.Court of Appeals of Iowa · 2018