Burmeister v. Dewey
Supreme Court of Iowa
Appeal from Scott District Court. Proceeding, in equity, commenced in March, 1868, to set aside a certain judgment of foreclosure, entered in favor of Dewey against plaintiff and wife, in September, 1859, and a sale made thereon in November of the same year. The property sold was bought by plaintiff of Dewey, mortgaged to secure a balance of the purchase-money, consisted of 240 acres, being described as a quarter and half quarter section.
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Appeal from Scott District Court. Proceeding, in equity, commenced in March, 1868, to set aside a certain judgment of foreclosure, entered in favor of Dewey against plaintiff and wife, in September, 1859, and a sale made thereon in November of the same year. The property sold was bought by plaintiff of Dewey, mortgaged to secure a balance of the purchase-money, consisted of 240 acres, being described as a quarter and half quarter section. Plaintiff moved on to the land, built a house, made improvements, etc., and says that one quarter section (describing it) is his homestead, etc. Demurrer to…
1Opinion of the CourtWright, J.
i. judicial gross. Many matters are stated in the petition as grounds of relief, which, if true, and insisted upon here, would necessarily result in a reversal of the cause. Looking to the points made and the argument of counsel, however, I am not mistaken in *470assuming that, abandoning any attack upon the judgment of foreclosure, they simply maintain that the property was sold in gross, that the homestead was not liable to sale until the other property was exhausted, and that a mere offer of the other property, without selling it, did not exhaust it within the meaning of the law. And this…
2Cases cited3 opinions
- Love v. CherrySupreme Court of Iowa · 1868
- Hamsmith v. EspySupreme Court of Iowa · 1865
- Miller v. ColvilleSupreme Court of Iowa · 1866
3Cited by11 opinions
- Bechtel v. WierCalifornia Supreme Court · 1907
- Hill v. BakerSupreme Court of Iowa · 1871
- Connecticut Mutual Life Insurance v. BrownSupreme Court of Iowa · 1890
- Newman v. FranklinSupreme Court of Iowa · 1886
- Prudential Insurance Co. of America v. WestfallSupreme Court of Iowa · 1935
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