Atkinson v. Hancock & Co.
Supreme Court of Iowa
Appeal from, Palo Alto Circuit Court- Action in equity. The plaintiff claims to be the owner of lots 1, 2,, 9 and 10, in block 55, -in the town of Emmetsburg. Tlie defendants Hancock & Co. own a judgment againt one Cummins, which is claimed to be a lien on said lots. The court found for the defendants as to lot 2, and for the plaintiff as to the other lots, and a decree was accordingly-entered. Both parties appeal.
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Appeal from, Palo Alto Circuit Court- Action in equity. The plaintiff claims to be the owner of lots 1, 2,, 9 and 10, in block 55, -in the town of Emmetsburg. Tlie defendants Hancock & Co. own a judgment againt one Cummins, which is claimed to be a lien on said lots. The court found for the defendants as to lot 2, and for the plaintiff as to the other lots, and a decree was accordingly-entered. Both parties appeal. The defendants, however, took the first appeal, and therefore are regarded as the appellants.
1Opinion of the Court
Seevers, J., change TS,meíortn6W former debt. I. In 1872, T. Cummins was the head of a family, and became the owner of a lot in the old town of Emmetsbursr, on which there was a house, and the said premises were occupied by Cummins as his homestead. In 1873, Hancock & Co. 0p£a}ne(j a judgment against Cummins, but it is not claimed that this judgment became a lien on the j>remises above described. In 1875, Cummins exchanged his old homestead for a new homestead in the new town of Emmetsburg. The conceded fact seems to be that, because of the location of a railroad through Palo Alto county, the…
2Cases cited1 opinion
- Blaney v. HanksSupreme Court of Iowa · 1862
3Cited by9 opinions
- Dimmick v. RosenfeldOregon Supreme Court · 1898
- Johnston v. JicklingSupreme Court of Iowa · 1909
- Koch v. WestSupreme Court of Iowa · 1902
- Riverdale Mining Co. v. WicksCalifornia Court of Appeal · 1910
- Zion Church of the Evangelical Ass'n of North America v. ParkerSupreme Court of Iowa · 1901
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