Foster v. Rice
Supreme Court of Iowa
Appeal from Pottawattamie District Court.— HoN. W. N. Green, Judge. ActioN in equity to subject certain real property to the payment of a judgment. The property was at one time the homestead of defendants J. N. and Jennie L. Nice, and at the time the action was brought had been sold to the defendant railroad company, which retained in its hands a sufficient amount of the purchase price to satisfy plaintiff’s claim if it should be established.
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Appeal from Pottawattamie District Court.— HoN. W. N. Green, Judge. ActioN in equity to subject certain real property to the payment of a judgment. The property was at one time the homestead of defendants J. N. and Jennie L. Nice, and at the time the action was brought had been sold to the defendant railroad company, which retained in its hands a sufficient amount of the purchase price to satisfy plaintiff’s claim if it should be established. After a hearing on the merits, a decree was rendered dismissing plaintiff’s petition, from which she appeals. —
1Opinion of the Court
McClaiN, J.—
Prior to the acquisition by plaintiff of the claim against defendant J. R. Rice, on which judgment in her favor was subsequently rendered, the defendants J. R. and J. L. Rice, husband and wife, owned and occupied as a homestead the premises in controversy, consisting of about three acres of land within the limits of the city of Council Bluffs, which was used for gardening and fruit growing. In 1893 the land was mortgaged to J. P. Hess, and in 1899, in pursuance of foreclosure proceedings, it was sold to Susan Hess in satisfaction of the mortgage. Through various assignments the…
2Cases cited3 opinions
- Hewitt v. RankinSupreme Court of Iowa · 1875
- Wertz v. Merritt Bros.Supreme Court of Iowa · 1888
- Parrott v. ThielSupreme Court of Iowa · 1902
3Cited by11 opinions
- In re MaxsonDistrict Court, N.D. Iowa · 1909
- Olson v. SievertSupreme Court of Iowa · 1947
- Perry v. AdamsSupreme Court of Iowa · 1917
- Kleinsorge v. ClarkSupreme Court of Iowa · 1942
- Peoples National Bank v. MaxsonSupreme Court of Iowa · 1915
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