Farmer & Sons v. Turner
Supreme Court of Iowa
Appeal from Jefferson Circuit Court. The plaintiffs are judgment creditors of the defendant’ Christian Turner, the husband of the defendant, Christena L. Turner. . They bring this action for the purpose of subjecting to the payment of their judgment certain real estate, purchased by and standing in the name of the defendant, Ohristena. They base their right of action upon the allegation that the real estate was purchased with the money of her husband.
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Appeal from Jefferson Circuit Court. The plaintiffs are judgment creditors of the defendant’ Christian Turner, the husband of the defendant, Christena L. Turner. . They bring this action for the purpose of subjecting to the payment of their judgment certain real estate, purchased by and standing in the name of the defendant, Ohristena. They base their right of action upon the allegation that the real estate was purchased with the money of her husband. The defendants deny that it was purchased with his money. They admit that it was purchased with money received upon a pension check issued to…
1Opinion of the CourtAdams, J.
The evidence shows the facts to be substantially as set out in the defendants’ answer.
The plaintiffs contend that, conceding such to be the facts, *691the real estate should be held liable for the husband’s debts. Their position is that the proceeds of the pension claim must either be deemed to have been virtually paid by the cheek, and so not in the course of transmission, and not exempt, under the provision of section 4747, Revised Statutes of the U. S., 1878, as construed in Webb v. Holt, 57 Iowa, 712, and Triplett v. Graham, 58 Id., 135, or, if not so, the transfer of the check was an…
2Cases cited2 opinions
- Webb v. HoltSupreme Court of Iowa · 1882
- Hayward v. ClarkSupreme Court of Vermont · 1878
3Cited by4 opinions
- Bagnall v. Iowa-Des Moines National Bank & Trust Co.Supreme Court of Iowa · 1947
- Crow v. BrownSupreme Court of Iowa · 1890
- Joyce v. RussellWisconsin Supreme Court · 1909
- Crow v. BrownSupreme Court of Iowa · 1890