Legal Opinion

Christensen v. Esbeck

Supreme Court of Iowa

Decided October 20, 1914PublishedCited by 2 opinions

Appeal from Pottawattamie District Court. — Hon. O. D. “Wheeler, Judge. Proceeding to establish the lieu of a judgment against real estate. Defenses, that the judgment was void and the real estate exempt as a homestead. From a decree in favor of plaintiff, defendants appeal.

1Opinion of the CourtWiti-irow, J.

I. Proceeding was brought in the district court of Pottawattamie county to subject the homestead of defendants to the lien of a judgment held by plaintiff, secured by him in justice’s court of Leroy township, in Audubon county, in August, 1896. A transcript of the judgment was, in September of that year, filed in the office of the clerk of the district court of that county, and, under the statute, was entered as a judgment in that court. It is alleged that the judgment was based on a promissory note for $240, by its terms payable in Audubon county; and further that the property sought in this…

2Cases cited5 opinions

  1. Newcomb v. DeweySupreme Court of Iowa · 1869
  2. Gerrish v. SeatonSupreme Court of Iowa · 1887
  3. Schlisman v. WebberSupreme Court of Iowa · 1884
  4. Bridges v. ArnoldSupreme Court of Iowa · 1873
  5. Thompson v. ThompsonSupreme Court of Iowa · 1902

3Cited by2 opinions

  1. Koehne v. PriceDistrict of Columbia Court of Appeals · 1949
  2. Keane v. United Guaranty Indemnity Co. (In re Keane)District Court, N.D. Iowa · 1980

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