Miller v. Rosebrook
Supreme Court of Iowa
Appeal from, Mahaska District GouH.— HoN. ByroN W. Preston, Judge. Action to subject real estate standing in tbe name of defendant Mary M. Rosebrook to tbe payment of certain judgments recovered against tbe defendant L. R. Rose-brook before a justice of the peace in Polk county, transcripts of which were filed in tbe offiee of tbe clerk of tbe district court of Polk county.
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Appeal from, Mahaska District GouH.— HoN. ByroN W. Preston, Judge. Action to subject real estate standing in tbe name of defendant Mary M. Rosebrook to tbe payment of certain judgments recovered against tbe defendant L. R. Rose-brook before a justice of the peace in Polk county, transcripts of which were filed in tbe offiee of tbe clerk of tbe district court of Polk county. Plaintiffs sue as assignees of such judgments, having caused a transcript thereof from tbe records of the district court of Polk county to be filed in tbe office óf tbe clerk of tbe district court of Mahaska county.…
1Opinion of the CourtMcClain, J.
We can dispose of this appeal by considering three out of tbe numerous questions presented in argument, and these are (1) whether tbe real property in question, which is tbe homestead of the defendants L. R. *160Rosebrook and bis wife, Mary, with the legal title in her name, is subject to be sold in satisfaction of the alleged judgments held by plaintiffs as assignees; (2) whether plaintiffs are entitled to have said alleged judgments set off as against a judgment recovered against them by defendant L. R. Rosebrook, and assigned to defendant Malcolm; (3) whether plaintiffs are entitled to have a…
2Cases cited7 opinions
- Wooster v. BatemanSupreme Court of Iowa · 1905
- DeLaval Separator Co. v. SharplessSupreme Court of Iowa · 1907
- Rand & Co. v. GarnerSupreme Court of Iowa · 1888
- Little v. DevendorfSupreme Court of Iowa · 1899
- McCoy v. CoxSupreme Court of Iowa · 1880
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3Cited by3 opinions
- TSB Holdings, L.L.C. and 911 N. Governor, L.L.C. v. City of Iowa City, IowaSupreme Court of Iowa · 2018
- Happle v. MonsonSupreme Court of Iowa · 1945
- Miller v. RosebrookSupreme Court of Iowa · 1909