Delashmut v. Trau
Supreme Court of Iowa
Appeal from Des Moines District Qowrt. The petition in substance alleges that about August 29th, 1871, plaintiff recovered against Matilda Trau a judgment for $391.64, and that at that time Matilda Trau was the owner and in possession of lot No. 462, in the City of Burlington, with the buildings thereon, upon which plaintiff’s judgment became a lien; that about the 2d day of July, 1872, Matilda Trau being about to remove permanently out of the State, made and caused to be…
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Appeal from Des Moines District Qowrt. The petition in substance alleges that about August 29th, 1871, plaintiff recovered against Matilda Trau a judgment for $391.64, and that at that time Matilda Trau was the owner and in possession of lot No. 462, in the City of Burlington, with the buildings thereon, upon which plaintiff’s judgment became a lien; that about the 2d day of July, 1872, Matilda Trau being about to remove permanently out of the State, made and caused to be recorded a deed conveying said' lot to her son, "William Trau; that "William is a young man, without means to invest in…
1Opinion of the CourtDay, J.
There is no conflict in the evidence that when the debt was contracted, the judgment rendered, and the conveyance executed to William Trau, the property in question was the homestead of Matilda Trau, and was occupied by her as such.
The deed of Matilda Trau to William bears date July 25, 1872, is for the expressed consideration of $500.00, and is subject to a mortgage of $700.00.
On the 18th day -of March, 1873, the plaintiff caused execution to issue, which was levied on the property in controversy. *615It seems from the evidence that Matilda remained in the property until May or June, 1873, when…
2Cases cited2 opinions
- Dearman v. DearmanSupreme Court of Alabama · 1842
- Wolf v. Van MetreSupreme Court of Iowa · 1867
3Cited by26 opinions
- Dettmer v. BehrensSupreme Court of Iowa · 1898
- Brown v. VonnahmeSupreme Court of Iowa · 1984
- Sieg v. GreeneCourt of Appeals for the Eighth Circuit · 1915
- Baratta v. Polk County Health Services, Inc.Supreme Court of Iowa · 1999
- Dolan v. NewberrySupreme Court of Iowa · 1925
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