Thomas v. Hanson
Supreme Court of Iowa
Appeal from Clinton Circuit Court. Action to foreclose a mortgage. The plaintiff sold the premises to the defendant Hanson and one Charles Wienkoop, now deceased. His administrator, Louis Cavalier, and his widow, Ernestine Wienkoop, are made defendants. The mortgage was given by said Hanson and Charles Wienkoop for the purchase money, and was executed at the same time that a deed of the premises was executed to them by the plaintiff.
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Appeal from Clinton Circuit Court. Action to foreclose a mortgage. The plaintiff sold the premises to the defendant Hanson and one Charles Wienkoop, now deceased. His administrator, Louis Cavalier, and his widow, Ernestine Wienkoop, are made defendants. The mortgage was given by said Hanson and Charles Wienkoop for the purchase money, and was executed at the same time that a deed of the premises was executed to them by the plaintiff. The defendant, Ernestine Wienkoop, averred in her answer that she was the wife of said Charles Wienkoop at the time of said purchase and did not join in the…
1Opinion of the CourtAdams, J.
i. dower : mortgage for purcliciss money. The only question in this case is as to whether the widow’s dower or share in the premises is subject to the lien of the purchase money mortgage, or is superior thereto. We are of the opinion that it is subject ^ « to the mortgage. If the plaintiff had retained the *652legal title for security, as lie might have done, the widow’s dower right would have been subject to plaintiff’s right to subject the premises to the payment of his claim. This precise question arose in Barnes v. Gay, 7 Iowa, 26, and was determined adversely to the widow. An analogous…
2Cases cited6 opinions
- Mills v. . Van VoorhiesNew York Court of Appeals · 1859
- Eslava v. LepretreSupreme Court of Alabama · 1852
- Clark v. MunroeMassachusetts Supreme Judicial Court · 1817
- Barnes v. GaySupreme Court of Iowa · 1858
- Parsons v. HoytSupreme Court of Iowa · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Freedom Financial Bank v. Estate of Edward J. BoesenSupreme Court of Iowa · 2011
- McMahon v. RussellSupreme Court of Florida · 1880
- Powers v. PenseWyoming Supreme Court · 1912
- Sullivan v. SullivanSupreme Court of Iowa · 1908
- Davis Gasoline Engine Works Co. v. McHughSupreme Court of Iowa · 1902
5 more not listed; retrieve them via the Exa API.