Robb v. Brewer
Supreme Court of Iowa
Appeal from Marshall District Court. This is an action in equity to subject the homestead of the defendants, who are husband and wife, to the satisfaction of a judgment recovered by the plaintiff against the defendant, J. A. Brewer. The cause was tried to the court upon an agreed statement of facts. The death of Harrison Eobb was suggested, and Hester A. Eobb, his widow,*and beneficiary under his will, was substituted as plaintiff.
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Appeal from Marshall District Court. This is an action in equity to subject the homestead of the defendants, who are husband and wife, to the satisfaction of a judgment recovered by the plaintiff against the defendant, J. A. Brewer. The cause was tried to the court upon an agreed statement of facts. The death of Harrison Eobb was suggested, and Hester A. Eobb, his widow,*and beneficiary under his will, was substituted as plaintiff. The court decreed that the property in question be subjected to the payment of plaintiff’s judgment, and that out of the proceeds of the sale thereof there be…
1Opinion of the Court
Day, Ch. J.
The agreed statement upon which the cause was determined in the court below presents the following material facts: “On the first day of October, 1873, the defendant, J. A. Brewer, executed to one W. I. Peake his promissory note for the sum of three hundred dollars, with the plaintiff, H. Eobb, as a surety. J". A. Brewer failed to pay the note when it became due, and judgment was recovered thereon in September, 1875, which j udgment the plaintiff, as surety, paid in full January 8th and April 5th, 1876. On the 14th day of February, 1879, H. Eobb obtained a judgment against the…
2Cases cited3 opinions
- Delashmut v. TrauSupreme Court of Iowa · 1876
- Pike v. MilesWisconsin Supreme Court · 1868
- Learmonth v. VeederWisconsin Supreme Court · 1860
3Cited by8 opinions
- Carse v. RetickerSupreme Court of Iowa · 1895
- In re GrangerNebraska Supreme Court · 1898
- Opinions of the JusticesSupreme Court of North Carolina · 1933
- Shircliffe v. CasebeerSupreme Court of Iowa · 1904
- Bailey v. LittellNevada Supreme Court · 1898
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