McNamara v. McNamara
Supreme Court of Iowa
Appeal from Wright District Court. — Hon. C. G. Lee, Judge. Action in partition. Defendant Hauge is the owner of the interest of Mrs. Elizabeth McNamara Nelson, one of the heirs, by purchase at execution sale. The trial court charged this interest with a portion of a purchase-money mortgage, executed by Mrs. Nelson and other heirs, for the share of Wm. H. McNamara, another heir. Hauge appeals.
1Opinion of the CourtPreston, J.
I. Patrick McNamara died intestate in 1898, leaving plaintiff, his widow, and several sons and daughters. He died seised of five hundred and sixty acres of land. In 1904 plaintiff and some of the heirs, including Elizabeth McNamara Nelson, purchased the interest of Wm. H. McNamara and received a deed therefor. They borrowed the money of one Svennesen to pay for the share of Wm. H., and executed their note and mortgage on one hundred and sixty acres of the land. The note was for $1,800, and the mortgage was not recorded. Plaintiff paid some of the interest on this note. J. F. McNamara, another…
2Cases cited11 opinions
- Gower v. DoheneySupreme Court of Iowa · 1871
- Koch v. WestSupreme Court of Iowa · 1902
- Rippe v. BadgerSupreme Court of Iowa · 1904
- Phillips v. BlairSupreme Court of Iowa · 1874
- Weaver v. CarpenterSupreme Court of Iowa · 1876
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3Cited by4 opinions
- Norwood v. ParkerSupreme Court of Iowa · 1928
- Whitehead v. WhiteheadOrphan's Court of Delaware · 1935
- Clark Bros. v. WatsonSupreme Court of Iowa · 1916
- Davis v. DavisSupreme Court of Iowa · 1918