Sloan v. Coolbaugh
Supreme Court of Iowa
Appeal from Jasper District Court. On the 16th June, 1856, Thomas M. Sloan with Sarah A., Ms wife, executed to Wm. E. Coolbaugh a mortgage deed on two lots in the town of Newton, in Jasper county, and on forty acres of land in the same county, to secure the payment of a promissory note to said Coolbaugh, in one year from that date, for the sum of fifteen hundred dollars.
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Appeal from Jasper District Court. On the 16th June, 1856, Thomas M. Sloan with Sarah A., Ms wife, executed to Wm. E. Coolbaugh a mortgage deed on two lots in the town of Newton, in Jasper county, and on forty acres of land in the same county, to secure the payment of a promissory note to said Coolbaugh, in one year from that date, for the sum of fifteen hundred dollars. This note being still unpaid on the 21st July, 1857, a notice in the name of said Coolbaugh was served on the petitioner and his wife, that the land would be sold on the 25th August, 1857, for the payment of the same. The…
1Opinion of the CourtWoodwaRD, J.
One of the causes of demurrer was, that Sarah A. Sloan, wife of the complainant, should have been made a party; and the court so held, sustaining the assign-merit, and it is from this alone that the petitioner appeals.
We do not perceive any reason for making the wife a party to this bill. She was not a party to the note, and united in the mortgage deed probably because it included the homestead, ox it might be to release her dower. She seems to have no legal relation to the transaction other than to enable her husband to pledge the homestead. In Helfenstein & Gore v. Cave, 3 Iowa 287, where…
2Cases cited2 opinions
- Manix v. MalonySupreme Court of Iowa · 1858
- Helfenstein v. CaveSupreme Court of Iowa · 1856
3Cited by6 opinions
- Humboldt Sav. Bank v. McClevertyCalifornia Supreme Court · 1911
- Security Loan Ass'n v. LakeSupreme Court of Alabama · 1881
- Larson v. ReynoldsSupreme Court of Iowa · 1862
- Powell v. WoodburySupreme Court of Vermont · 1912
- Chase v. AbbottSupreme Court of Iowa · 1866
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