Wolf v. Shenandoah National Bank
Supreme Court of Iowa
Appeal from Page District Court. — Hon. H. E. Deemer,, Judge. Action in chancery to enjoin and restrain the collection and enforcement of a decree and a personal judgment against the plaintiff, rendered in an action to-foreclose a mortgage upon her homestead.
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Appeal from Page District Court. — Hon. H. E. Deemer,, Judge. Action in chancery to enjoin and restrain the collection and enforcement of a decree and a personal judgment against the plaintiff, rendered in an action to-foreclose a mortgage upon her homestead. The cause-was tried upon its merits, and a decree rendered denying the relief prayed for by the plaintiff, but declaring the personal judgment was rendered against the plaintiff without jurisdiction, and therefore is void, and that it be canceled and set aside. The plaintiff appeals.
1Opinion of the Court
Beck, 0. J.
I. The pleadings and evidence show the following facts either are undisputed or clearly established by the proof. Other facts found in the abstract need not be stated, as they are not involved in the point upon which the case is decided. The plaintiff’s husband, holding the title to an undivided interest in certain lands, executed a mortgage thereon November 7, 1882. The lands were subsequently partitioned, and the land in controversy, nineteen and twenty-five hundredths acres, being occupied by the plaintiff and her husband as a homestead, was set apart with, other land to the…
2Cases cited2 opinions
- Schlawig v. De PeysterSupreme Court of Iowa · 1891
- Stone v. SkerrySupreme Court of Iowa · 1871
3Cited by4 opinions
- Kwentsky v. SirovySupreme Court of Iowa · 1909
- Ex Parte City Bank & Trust Co.Supreme Court of Alabama · 1917
- Grant v. LawrenceUtah Supreme Court · 1910
- Massillon Engine & Thresher Co. v. HubbardSouth Dakota Supreme Court · 1898