Low Bros. & Co. v. Anderson
Supreme Court of Iowa
Appeal from Delaware Ciromt Oowi;. On the 10th day of January, 1871, Henry Anderson, jr., being indebted to Low Bros. & Co. upon a book account in the sum of $1,925, Henry Anderson and Frances Ander,son, his father and mother, executed their joint and several promissory note, on account of said indebtedness to plaintiff, for said sum, one-half payable six months, and one-half twelve months from date, with' ten per cent per annum interest.
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Appeal from Delaware Ciromt Oowi;. On the 10th day of January, 1871, Henry Anderson, jr., being indebted to Low Bros. & Co. upon a book account in the sum of $1,925, Henry Anderson and Frances Ander,son, his father and mother, executed their joint and several promissory note, on account of said indebtedness to plaintiff, for said sum, one-half payable six months, and one-half twelve months from date, with' ten per cent per annum interest. To secure this note Frances A. Anderson and her husband, Henry Anderson, executed their mortgage upon four lots in the town of Manchester. The mortgage…
1Opinion of the Court
Day, J. —
The court below held that a married woman cannot incumber her homestead to secure a preexisting debt of another, when no part of the indebtedness has accrued to her, and it has not inured to her benefit or to the benefit of her husband.
i mortgage • man -eoonsi¿eration. Chapter 126, Laws of the Thirteeth General Assembly, provides a substitute for section 2506 of the Revision, as follows: “ Contracts may be made by a wife, and liabilities hacurred, and the same enforced by or against her to the same extent, and in the same manner as if she were unmarried.” The note and mortgage were…
2Cases cited3 opinions
- Green v. ScranageSupreme Court of Iowa · 1865
- Patton v. KinsmanSupreme Court of Iowa · 1864
- Wolf v. Van MetreSupreme Court of Iowa · 1867
3Cited by3 opinions
- Smith v. SpauldingNebraska Supreme Court · 1894
- Panama Savings Bank v. ArkfeldSupreme Court of Iowa · 1940
- First National Bank of Ogden v. TaylorUtah Supreme Court · 1911