Legal Opinion

Merchants National Bank v. Eyre

Supreme Court of Iowa

Decided December 16, 1898PublishedCited by 4 opinions

Appeal from Clinton District Court. — Hon. P. B. Wolfe, .Judge. Action to subject certain real estate to the lien of a judgment. Defendants answered the petition. A demurrer to the answer was overruled, and, plaintiff electing to stand tbereon, judgment was entered dismissing the petition. From this judgment tbe present appeal is taken.

1Opinion of the CourtWaterman, J.

1 I. Tbe facts of this case, together with the claims, of the respective parties, are conceded to be correctly set out in the brief of appellant, from which we make the following statement: One George Eyre died intestate on the twentieth day of March, 1895, residing at the time of his death upon lot 6, in block 30, in the town of Olinton, which, with the defendants, his wife and daughter, he had occupied as his homestead since September, 1889. The defendant Delphiena Eyre was his only child and heir. Some time prior to March 14, 1895, Eyre had borrowed from the plaintiff in this case the…

2Cases cited3 opinions

  1. Schuttloffel v. CollinsSupreme Court of Iowa · 1896
  2. Shane v. FrancisIndiana Supreme Court · 1868
  3. Berg v. RadcliffNew York Court of Chancery · 1822

3Cited by4 opinions

  1. Swisher v. SwisherSupreme Court of Iowa · 1912
  2. Smith v. AndrewSupreme Court of Iowa · 1929
  3. Arispe Bank v. WernerSupreme Court of Iowa · 1926
  4. In Re Estate of GalvinSupreme Court of Iowa · 1947

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