Fullerton v. Sherrill
Supreme Court of Iowa
Appeal' from Linn District Court. — Hour. W. N. Treiohler., Judge. Judgment was entered against defendant in justice court August 18, 1891, and a transcript filed with, the cleric of the district court the day following. Subsequently plaintiff became owner of this judgment, and on August 7, 1899,. caused execution to issue, which was returned nulla bona.
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Appeal' from Linn District Court. — Hour. W. N. Treiohler., Judge. Judgment was entered against defendant in justice court August 18, 1891, and a transcript filed with, the cleric of the district court the day following. Subsequently plaintiff became owner of this judgment, and on August 7, 1899,. caused execution to issue, which was returned nulla bona. The object of this action is to establish the judgment as a lien against a house and lot claimed by defendant as a homestead. The petition was dismissed, and plaintiff appeals.^-
1Opinion of the CourtLadd, J.
The defendant purchased the house and lot,, valued at about $1,400, in 1889. This was about one year after the death of her first husband, with whom she had previously lived on a farm. She occupied the premises with her two daughters until their marriage in 1891. From that time until March, 1898, she rented all but one room, which she occupied, and boarded with the tenants to whom she rented. *512She had borrowed $1,000 in 1893, to secure the payment of which a mortgage was given, and in January, 1898, as further. security, she conveyed the premises to the mortgagee. Thereupon they entered into a…
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