Triplett v. Graham
Supreme Court of Iowa
Appeal from Warren Circuit Court. The defendant, J. O. Graham, was a soldier in the war of the rebellion. In March, 1880, he received from the United States the sum of $1,300, arrears of pension, for physical disability incurred while in the military service. Upon receiving the money he delivered to his wife, the defendant, Elizabeth J. Graham, the sum of $900. She deposited $700 of the money thus given to her in a bank.
Read the full summary
Appeal from Warren Circuit Court. The defendant, J. O. Graham, was a soldier in the war of the rebellion. In March, 1880, he received from the United States the sum of $1,300, arrears of pension, for physical disability incurred while in the military service. Upon receiving the money he delivered to his wife, the defendant, Elizabeth J. Graham, the sum of $900. She deposited $700 of the money thus given to her in a bank. In August, 1880, she purchased a homestead in the town of Indianola, and paid $600 of the pension-money therefor and took the title in her own name. When J. O. Graham…
1Opinion of the Court
Eothrogk, J.-
1. PENSION: when subject to judgments: exemption. I. The principal question in the case is whether the creditors of the husband had the right to subject ^le pension-money, or the property purchased with it, to the payment of their judgments. It -g ciaimeq py appellants that the proceeds of the pension are exempt under section 4747 of the Eevised Statutes of the United States.
In Webb v. Holt, 57 Iowa, 712, a majority of this court' held that the exemption applies only to money due the pensioner, while in course of transmission to him, and fhat there is no exemption after it comes…
2Cases cited1 opinion
- Webb v. HoltSupreme Court of Iowa · 1882
3Cited by8 opinions
- Bagnall v. Iowa-Des Moines National Bank & Trust Co.Supreme Court of Iowa · 1947
- Crow v. BrownSupreme Court of Iowa · 1890
- Claflin & Thayer v. AmbroseSupreme Court of Florida · 1896
- Brittain v. CrowtherCourt of Appeals for the Eighth Circuit · 1893
- Richardson v. RichardsonSupreme Court of Iowa · 1907
3 more not listed; retrieve them via the Exa API.