Legal Opinion

First National Bank v. Phillips

Supreme Court of Iowa

Decided March 15, 1927PublishedCited by 8 opinions

1Opinion of the CourtAlbert, J.

The note sued on herein was for $5,000, and was in the usual form; but contained a provision' reading as follows: ' ■

“We:expressly stipulate and agree that .our-homestead is and shall be liable for the-payment of this debt.”

The answer of the defendant Ellen Phillips is a general denial; a special denial that the plaintiff has now or ever had a lien on the homestead; a special denial that she executed or joined in the $5,000-note declared upon; She further alleges that Daniel EE. Phillips, who was ber husband, on the 28th day of November, 1921, and for some time previous, had been sick, and…

2Cases cited4 opinions

  1. First National Bank v. Ten NapelSupreme Court of Iowa · 1924
  2. Bank of Holmes v. ThompsonSupreme Court of Iowa · 1922
  3. Christensen v. HarrisSupreme Court of Iowa · 1920
  4. Van Houten v. Van HoutenSupreme Court of Iowa · 1926

3Cited by8 opinions

  1. American Commercial & Savings Bank v. KramerSupreme Court of Iowa · 1928
  2. Nolte v. NolteSupreme Court of Iowa · 1931
  3. United States v. TholenDistrict Court, N.D. Iowa · 1960
  4. First Trust Joint Stock Land Bank v. DiercksSupreme Court of Iowa · 1936
  5. Thayer v. ShermanSupreme Court of Iowa · 1934

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