Cummings v. Long
Supreme Court of Iowa
Appeal-from Boone District Court. September 15,1855, Hayden, Keeler and McCall, in their individual names, made their note to the respondent, Long, for about six hundred dollars, due March 15, 1856. Prior to the April Term, 1857, of the Boone District Court, suit was instituted upon this note, the caption and body of the petition describing the makers by name.
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Appeal-from Boone District Court. September 15,1855, Hayden, Keeler and McCall, in their individual names, made their note to the respondent, Long, for about six hundred dollars, due March 15, 1856. Prior to the April Term, 1857, of the Boone District Court, suit was instituted upon this note, the caption and body of the petition describing the makers by name. The entry in the record book commences: 11 John Long v. Samuel Sayden et al.” and the judgment on the 10th day of April, 1857, is against “the said defendants,” without further naming them. The abstract of the judgment in the “judgment…
1Opinion of the CourtWright, C. J.
Upon what ground the injunction was dissolved, in this case, does not appear,from the record. Neither do counsel, in their argument, advise us of the point ruled in the court below. One or two matters have prominence, however, and will receive attention.
Assuming that lots 7 and 8 were purchased “ as the homestead ” of McOall, at the time he took title (May 25, 1855), they were not liable to the payment of Long’s judgment while used as such, for the debt upon which it was rendered was contracted afterwards, to wit, September 15, 1855. And the sale of these premises to Ward, in November, 1857,…
2Cases cited1 opinion
- Lamb v. ShaysSupreme Court of Iowa · 1863
3Cited by11 opinions
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- State Savings Bank v. ShinnSupreme Court of Iowa · 1906
- Thomas v. McDonaldSupreme Court of Iowa · 1897
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