Wolff v. Van Metre
Supreme Court of Iowa
Appeal from Benton District Court. The petition (in equity) alleges tbat in February, 1857, tbe defendant, John Van Metre, and bis wife Josina, were indebted to Greene & Weare, in about tbe sum of $900; and as evidence thereof made tbeir promissory note ; that this note was assigned to Weare, and afterwards, in October, 1859, said Van Metre and wife made their three notes in the place of the former one, and based upon tbe same consideration, payable to the said Weare; and…
Read the full summary
Appeal from Benton District Court. The petition (in equity) alleges tbat in February, 1857, tbe defendant, John Van Metre, and bis wife Josina, were indebted to Greene & Weare, in about tbe sum of $900; and as evidence thereof made tbeir promissory note ; that this note was assigned to Weare, and afterwards, in October, 1859, said Van Metre and wife made their three notes in the place of the former one, and based upon tbe same consideration, payable to the said Weare; and that the said Josina (her husband joining therein), to secure said notes, made a mortgage upon certain parcels of real…
1Opinion of the Court
Wright, Ch. J.
i. husband mSetpT™' *136s._perabufty." 3._valid-tractfcon *135Aside from the effect to be given to the mortgage made by the wife, and the judgment upon one of- the notes secured thereby, there could be but little doubt upon, the authority of Jones v. Crosthwaite and Wife, 17 Iowa, 393; Patten v. Kinsman, Id., 428, and Fyffe v. Beers, 18 Iowa, 4, and the authorities there cited, that this demurrer was properly overruled. These cases, however, do not by any -means determine that the *136wife may not mortgage her separate property to secure her own or the husband’s debts, so as to be bound…
2Cases cited3 opinions
- Blake v. BlakeSupreme Court of Iowa · 1858
- Jones v. CrosthwaiteSupreme Court of Iowa · 1864
- Fyffe v. BeersSupreme Court of Iowa · 1864
3Cited by5 opinions
- Grand Island Banking Co. v. WrightNebraska Supreme Court · 1898
- Van Metre v. WolfSupreme Court of Iowa · 1869
- Wolf v. Van MetreSupreme Court of Iowa · 1867
- Sweazy v. KammerSupreme Court of Iowa · 1879
- Levi v. EarlOhio Supreme Court · 1876